HOUSE AMENDED
PRIOR PRINTER'S NO. 1530 PRINTER'S NO. 1750
No. 1276 Session of 1976
INTRODUCED BY NOLAN, FEBRUARY 2, 1976
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 22, 1976
AN ACT
1 Authorizing the supervisors of Franklin Township, COUNCIL OF <--
2 FRANKLIN BOROUGH, Westmoreland County, to transfer certain
3 Project 70 lands in Westmoreland County to the Department of
4 Transportation for a highway project under certain
5 conditions.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Findings and Declaration of Policy.--(a) The <--
9 relocation of T.R.22 (L.R.187, section 9) through Murrysville,
10 Franklin Township, Westmoreland County, has been the subject of
11 controversy over the past several years and as a result the
12 project has been delayed. The controversy centers around the
13 location of the proposed highway facility. Several alignments
14 have been proposed by the Department of Transportation and to
15 the department by interested citizens or citizen groups in the
16 area. The department in response conducted numerous studies to
17 determine the most feasible corridor bearing in mind the
18 economic, social and environmental impact on the community. The
19 studies indicated that Corridor B to be the most desirable
1 alternative. In fact, there is no feasible or prudent
2 alternative to Corridor B.
3 (b) In spite of the studies and the conclusions drawn,
4 opposition to the corridor by a small vocal minority persists.
5 Because of this opposition, the project continues to be delayed
6 without a resolution in sight.
7 (c) Delay of the relocation of L.R.187, section 9, has
8 resulted in increased escalated costs to the Commonwealth of
9 several millions of dollars due to the inflationary spiral in
10 the construction industry. Additionally, delay of this project
11 has resulted in the loss of human lives through motor vehicle
12 accidents, increased motor vehicle operational costs and
13 represents a great inconvenience to the motoring public.
14 (d) On July 6, 1974, a plebiscite was held within the
15 Township of Franklin, Westmoreland County, on the question
16 concerning the relocation of the proposed route. Of the
17 approximately 1,925 ballots cast, 1,275 favored Corridor B,
18 while approximately 652 ballots were cast in opposition or
19 suggested a compromise solution. Further, one public meeting and
20 two public hearings revealed substantially the same public
21 sentiment as expressed by the plebiscite concerning the corridor
22 location.
23 (e) Therefore, the General Assembly of the Commonwealth of
24 Pennsylvania directs the Department of Transportation to proceed
25 with the relocation of L.R.187, section 9, Westmoreland County,
26 within Corridor B, as described in studies prepared by the
27 department and directs the department to construct such highway
28 facility so as to minimize harm to the affected recreational
29 area. To this end, the supervisors of Franklin Township,
30 Westmoreland County, are authorized to transfer to the
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1 Department of Transportation Project 70 lands as herein
2 described under certain conditions.
3 Section 2. 1. Authorization of Transfer; Conditions.-- <--
4 Pursuant to the requirements of subsection (b) of section 20,
5 act of June 22, 1964 (P.L.131, No.8), known as the "Project 70
6 Land Acquisition and Borrowing Act," the General Assembly
7 authorizes the supervisors of Franklin Township, COUNCIL OF <--
8 FRANKLIN BOROUGH, Westmoreland County, to transfer the
9 hereinafter described land in Franklin Township BOROUGH in <--
10 Westmoreland County to the Department of Transportation for
11 right-of-way construction of Project L.R.187, section 9,
12 involving relocation of Traffic Route 22.
13 Such land shall be free of the restrictions on use and
14 alienation prescribed by section 20, act of June 22, 1964
15 (P.L.131, No.8), known as the "Project 70 Land Acquisition and
16 Borrowing Act," upon:
17 (1) payment to the township BOROUGH in an amount equal to <--
18 the fair market value of the land transferred; or
19 (2) acquisition by the Department of Transportation of
20 suitable replacement land at the option of the township BOROUGH; <--
21 and
22 (3) execution and filing of a document of transfer and
23 release, citing such payment or acquisition, transfer and
24 release of the said land from the restrictions on use and
25 alienation prescribed by subsection (b) of section 20 of said
26 act.
27 The document of transfer and release in such cases shall, <--
28 upon such reimbursement or acquisition, be approved by the
29 Attorney General and filed in the office of the recorder of
30 deeds in the county in which the said land is located.
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1 Compliance with this subsection constitutes the express approval
2 of the General Assembly of release of the restrictions on use or
3 alienation of lands acquired by the Department of Transportation
4 required by subsection (b) of section 20 of said act.
5 Section 3. 2. Description of Highway Project and Required <--
6 Project 70 Land.--The land to be transferred by the supervisors <--
7 of Franklin Township, COUNCIL OF FRANKLIN BOROUGH, Westmoreland <--
8 County to the Department of Transportation for a right-of-way
9 for construction of the highway project is more particularly
10 described as follows:
11 Description of Highway Project
12 Project L.R.187, section 9, beginning on existing Traffic
13 Route 22 in Allegheny County approximately 1,400 feet to the
14 west of the Allegheny County line. It interchanges with existing
15 T.R.22 at the Allegheny County, Westmoreland County line. The
16 alignment then swings in a southeasterly direction diverging
17 from existing T.R.22 to the south. The relocation passes over
18 Turtle Creek, Meadowbrook Road, Township Road 909, Trafford Road
19 L.R.64086, and the Penn Central Railroad at the point where the
20 Penn Central Railroad crosses Trafford Road. The relocation then
21 continues in a southeasterly direction parallel to the Penn
22 Central Railroad and Turtle Creek to the boundary of Duff Park.
23 Line B then continues through Duff Park along the northerly
24 slope of the park to an interchange at the western end of the
25 park with the Harrison City Road L.R.64160. The relocation will
26 then proceed from the full interchange with the Harrison City
27 Road south of existing T.R.22, Turtle Creek and the Penn Central
28 Railroad through the low levels which lie at the foot of the
29 hill on which Marlee Acres is located. It passes over High Manor
30 Road directly south of the crossing of Harrison City Road and
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1 the Penn Central Railroad. Line B then proceeds in a
2 northeasterly direction to a point where it again intersects
3 with existing T.R.22 approximately 3,000 feet to the west of the
4 Export Harrison City Road, Township Road 718, a total distance
5 of approximately 4.7 miles.
6 Description of Required Project 70 Land
7 The project 70 land required for the above highway will
8 affect a "Project 70" site located between Station 63 + 55 and
9 Station 128 + 75 (total of approximately 40 acres) having a
10 maximum right-of-way width of 550 feet more or less.
11 Section 4. 3. Effective Date.--This act shall take effect <--
12 immediately.
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