PRINTER'S NO. 2876
No. 2172 Session of 1989
INTRODUCED BY MURPHY, DECEMBER 6, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, DECEMBER 6, 1989
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," authorizing the Department
21 of Transportation to convey excess real property to
22 governmental agencies, quasi-governmental agencies and
23 authorities.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 2003(e)(7) of the act of April 9, 1929
27 (P.L.177, No.175), known as The Administrative Code of 1929,
28 amended December 7, 1979 (P.L.478, No.100), is amended to read:
1 Section 2003. Machinery, Equipment, Lands and Buildings.--
2 The Department of Transportation in accord with appropriations
3 made by the General Assembly, and grants of funds from Federal,
4 State, regional, local or private agencies, shall have the
5 power, and its duty shall be:
6 * * *
7 (e) * * *
8 (7) Any other provisions of this act to the contrary
9 notwithstanding, the department may sell at public sale any land
10 acquired by the department if the secretary determines that the
11 land is not needed for present or future transportation
12 purposes:
13 (i) Improved land shall first be offered to other
14 governmental agencies, quasi-governmental agencies and
15 authorities. If none of the agencies or authorities acquire the
16 property, the improved land occupied by a tenant of the
17 department shall [first] then be offered to the tenant at its
18 fair market value as determined by the department, except that
19 if the tenant is the person from whom the department acquired
20 the land, it shall be offered to the tenant at the acquisition
21 price, less costs, expenses and reasonable attorneys' fees
22 incurred by the person as a result of the acquisition of the
23 land by the department. If there is no tenant and the person
24 from whom the department acquired the land did not receive a
25 replacement housing payment under section 602-A of the "Eminent
26 Domain Code," or under former section 304.3 of the act of June
27 1, 1945 (P.L.1242, No.428), known as the "State Highway Law,"
28 the land to be sold shall first be offered to such person at the
29 acquisition price, less costs, expenses and reasonable
30 attorneys' fees incurred by the person as a result of the
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1 acquisition of the land by the department.
2 (ii) Unimproved land shall first be offered to other
3 governmental agencies, quasi-governmental agencies and
4 authorities. If none of the agencies or authorities acquire the
5 property, the unimproved land shall [first] then be offered to
6 the person from whom it was acquired at its acquisition price,
7 less costs, expenses and reasonable attorneys' fees incurred by
8 the person as a result of the acquisition of the land by the
9 department, if the person still retains title to land abutting
10 the land to be sold. If the land abutting the land to be sold
11 has been conveyed to another person, the land to be sold shall
12 first be offered to that person at its fair market value as
13 determined by the department.
14 (iii) Notice of the offer described in either subclause (i)
15 or (ii) shall be sent by certified mail, or, if notice cannot be
16 so made, in the manner required for "in rem" proceedings. The
17 offeree shall have one hundred twenty (120) days after receipt
18 of notice to accept the offer in writing.
19 (iv) Revenue from any sale of land acquired with motor
20 license funds shall be deposited in the Motor License Fund.
21 * * *
22 Section 2. This act shall take effect in 60 days.
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