THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BAKER, PICKETT, CAUSER, CALTAGIRONE, COHEN, D. COSTA, CREIGHTON, EVERETT, FABRIZIO, FLECK, GILLEN, GILLESPIE, GINGRICH, GRELL, HESS, KNOWLES, KULA, MARSHALL, MILLARD, MILLER AND RAPP, APRIL 12, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 12, 2011  

AN ACT

Authorizing the turn back from the Commonwealth to Ward

Township, Tioga County, of the road known as Old Possessions

Road in Ward Township, Tioga County; and providing for the

powers and duties of the Secretary of Conservation and

Natural Resources.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Turn back of Old Possessions Road in Ward Township,

Tioga County.

(a)  Authorization.--The road known as Old Possessions Road

in Ward Township, Tioga County, extending from Mountain Ridge

Road to River Road, and having a total length of 3.8 miles, is

hereby turned back from the Commonwealth to Ward Township, Tioga

County, provided that the conditions specified in subsection (b)

are satisfied.

(b)  Conditions.–-In order for the turn back of the road

under subsection (a) to take effect, the following conditions

must be satisfied:

(1)  The governing body of Ward Township, Tioga County

must, by ordinance or resolution, approve the turn back and

agree to assume the expense of maintenance and improvement of

the road.

(2)  A copy of the ordinance or resolution must be

submitted to the Secretary of Conservation and Natural

Resources with a request for an order of turn back from the

secretary.

(3)  If the Secretary of Conservation and Natural

Resources determines, after reviewing the request submitted

under paragraph (2), that the township:

(i)  has complied with paragraphs (1) and (2), the

secretary shall give public notice of the request by

advertising three times, each publication on a different

day, in one newspaper of general circulation within the

township and by posting a copy of the request in a

conspicuous place along the road; or

(ii)  has not complied with paragraphs (1) and (2),

the secretary shall notify the township in writing of the

basis for the noncompliance and provide the township with

an opportunity to take corrective action to comply with

paragraphs (1) and (2) and resubmit its request.

(4)  The Secretary of Conservation and Natural Resources

shall publish a statement of compliance with paragraphs (1),

(2) and (3)(i) as a notice in the Pennsylvania Bulletin.

(c)  Ownership of real property.--The ownership of the real

property underlying the roadway shall continue to be retained by

the Department of Conservation and Natural Resources in regard

to State forest land and by private property owners for those

portions of the road crossing privately owned property.

(d)  Vacation on roadway.--If the township vacates the

roadway, the status of the roadway shall be automatically

reinstated and the road shall be turned back from Ward Township,

Tioga County, to the Commonwealth. Upon the occurrence of a

reinstatement the secretary shall give notice in the

Pennsylvania Bulletin that the reversion has occurred.

(e)  Effective date of turn back.--The date of publication of

the notice under subsection (b)(4) shall be the date on which

the turn back shall take effect.

Section 2.  Effective date.

This act shall take effect in 60 days.