PRINTER'S NO. 4268
No. 2753 Session of 2008
INTRODUCED BY HARPER, AUGUST 29, 2008
REFERRED TO COMMITTEE ON TRANSPORTATION, AUGUST 29, 2008
AN ACT 1 Authorizing the Department of Transportation to sell land under 2 certain conditions; and making a related repeal. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Sale of 7 Transportation Lands Act. 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Department." The Department of Transportation of the 13 Commonwealth. 14 "Fund." The Motor License Fund. 15 "Preservation of open space." Includes the following: 16 (1) Protection and conservation of water resources and 17 watersheds.
1 (2) Protection and conservation of forests and land 2 being used to produce timber crops. 3 (3) Protection and conservation of farmland. 4 (4) Protection of existing or planned park, trail, 5 greenway, recreation or conservation sites. 6 (5) Protection and conservation of natural or scenic 7 resources, including beaches, streams, flood plains, steep 8 slopes and marshes. 9 (6) Protection of scenic areas for public visual 10 enjoyment from public rights-of-way. 11 (7) Preservation of sites of historic, geologic or 12 botanic interest. 13 (8) Promotion of sound, cohesive and efficient land 14 development by preserving open spaces between communities. 15 "Public agency." Includes an authority and a political 16 subdivision. 17 "Secretary." The Secretary of Transportation of the 18 Commonwealth. 19 Section 3. Sale of land. 20 (a) Authorization.--Notwithstanding the act of April 9, 1929 21 (P.L.177, No.175), known as The Administrative Code of 1929, the 22 department, in accordance with appropriations and grants of 23 funds from Federal, State, regional, local or private agencies 24 and subject to subsection (b), in the exercise of its powers and 25 duties, may sell at public sale land acquired by the department 26 if the secretary determines that the land is not needed for 27 present or future transportation purposes. 28 (b) Conditions.--The following apply to a sale under 29 subsection (a): 30 (1) If the land is improved, all of the following 20080H2753B4268 - 2 -
1 subparagraphs apply: 2 (i) The land must first be offered at its fair 3 market value as determined by the department to other 4 public agencies which demonstrate a public purpose for 5 the land, including the preservation of open space. 6 (ii) If the land is not transferred to a public 7 agency, all of the following clauses apply: 8 (A) If the land is occupied by a tenant, the 9 land must be offered to the tenant: 10 (I) except as set forth in subclause (II), 11 at its fair market value as determined by the 12 department; or 13 (II) if the tenant is the person from whom 14 the department acquired the land, at the 15 acquisition price, less costs, expenses and 16 reasonable attorney fees incurred by the person 17 as a result of the acquisition of the land by the 18 department. 19 (B) If the land is not occupied by a tenant and 20 the person from whom the department acquired the land 21 did not receive a replacement housing payment under 22 26 Pa.C.S. § 903 (relating to replacement housing for 23 homeowners) or under former section 304.3 of the act 24 of June 1, 1945 (P.L.1242, No.428), known as the 25 State Highway Law, the land must first be offered to 26 that person at the acquisition price, less costs, 27 expenses and reasonable attorney fees incurred by the 28 person as a result of the acquisition of the land by 29 the department. 30 (2) If the land is unimproved, all of the following 20080H2753B4268 - 3 -
1 subparagraphs apply: 2 (i) The land must be offered at its fair market 3 value as determined by the department to other public 4 agencies which demonstrate a public purpose for the land, 5 including the preservation of open space. 6 (ii) If the land is not transferred to a public 7 agency, the following apply: 8 (A) Except as set forth in clause (B), the land 9 must be offered to the person from whom it was 10 acquired at its acquisition price, less costs, 11 expenses and reasonable attorney fees incurred by the 12 person as a result of the acquisition of the land by 13 the department. 14 (B) If the land abutting the land to be sold has 15 been conveyed to another person, the land to be sold 16 must be offered to that person at its fair market 17 value as determined by the department. 18 (3) For an offer under paragraph (1) or (2), all of the 19 following apply: 20 (i) except as set forth in subparagraph (ii), notice 21 must be sent by certified mail; 22 (ii) if notice cannot be effected under subparagraph 23 (i), notice must be effected in the manner required for 24 an in rem proceeding; or 25 (iii) the offeree must have 120 days after receipt 26 of notice to accept the offer in writing. 27 (c) Proceeds.--Proceeds from a sale of land acquired with 28 money from the fund shall be deposited into the fund. 29 Section 9. Repeals. 30 Repeals are as follows: 20080H2753B4268 - 4 -
1 (1) The General Assembly declares that the repeal under 2 paragraph (2) is necessary to effectuate section 3. 3 (2) Section 2003(e)(7) of the act of April 9, 1929 4 (P.L.177, No.175), known as The Administrative Code of 1929, 5 is repealed. 6 Section 10. Effective date. 7 This act shall take effect in 60 days. H28L85VDL/20080H2753B4268 - 5 -