PRIOR PRINTER'S NO. 1112 PRINTER'S NO. 1171
No. 967 Session of 1989
INTRODUCED BY MADIGAN, MAY 23, 1989
SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED,
JUNE 6, 1989
AN ACT
1 Authorizing the Department of Environmental Resources to accept <--
2 a certain railroad line from the Consolidated Rail
3 Corporation and to defend and indemnify the Consolidated Rail
4 Corporation in actions arising under the acceptance.
5 AUTHORIZING THE DEPARTMENT OF ENVIRONMENTAL RESOURCES TO DEFEND, <--
6 INDEMNIFY AND HOLD HARMLESS THE CONSOLIDATED RAIL CORPORATION
7 IN ACTIONS ARISING UNDER THE ACCEPTANCE OF A CERTAIN RAILROAD
8 LINE.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. To the extent authorized by section 8(d) of the
12 National Trails System Act (Public Law 90-543, 16 U.S.C. §
13 1247(d)) and 49 CFR 1152.29 (relating to prospective use of
14 rights-of-way for interim trail use and rail banking), the
15 Department of Environmental Resources, acting on behalf of the
16 Commonwealth, is authorized to do all of the following:
17 (1) Accept, for recreational and historic purposes, from <--
18 the Consolidated Rail Corporation the Corning Secondary Line
19 in Lycoming County and Tioga County between milepost 168.1
20 and milepost 105.9.
1 (2) Agree to be responsible for the line accepted under
2 paragraph (1).
3 (3) Agree to indemnify and defend the Consolidated Rail
4 Corporation in actions for property damage, personal injury
5 or death in connection with the acceptance of the line under
6 paragraph (1).
7 (4) Agree to indemnify the Consolidated Rail Corporation
8 against other expenses and losses in connection with the
9 acceptance of the line under paragraph (1).
10 (1) AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE <--
11 CONSOLIDATED RAIL CORPORATION FROM AND AGAINST PROPERTY
12 DAMAGE, PERSONAL INJURY OR DEATH IN CONNECTION WITH THE
13 ACCEPTANCE OF THE CONSOLIDATED RAIL CORPORATION'S CORNING
14 SECONDARY LINE IN LYCOMING COUNTY AND TIOGA COUNTY BETWEEN
15 MILEPOST 168.1 AND MILEPOST 105.9 FOR RECREATIONAL AND
16 HISTORICAL PURPOSES.
17 (2) AGREE TO BE RESPONSIBLE FOR THE MANAGEMENT OF THE
18 RIGHT-OF-WAY OF THE LINE REFERRED TO IN PARAGRAPH (1).
19 (3) AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE
20 CONSOLIDATED RAIL CORPORATION FROM AND AGAINST OTHER EXPENSES
21 AND LOSSES ARISING FROM AN ACTION AGAINST THE CONSOLIDATED
22 RAIL CORPORATION IN CONNECTION WITH THE ACCEPTANCE OF THE
23 LINE REFERRED TO IN PARAGRAPH (1).
24 Section 2. This act shall take effect immediately.
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