THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CUTLER, DePASQUALE, DENLINGER, BOYD, CLYMER, GEIST, HICKERNELL, HORNAMAN, MILLER, MOUL, PYLE, SWANGER, TOOHIL, TRUITT AND VULAKOVICH, FEBRUARY 29, 2012

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 29, 2012  

AN ACT

Amending the act of December 15, 1959 (P.L.1772, No.670),

entitled "An act providing for the orderly disposition of

properties situate within political subdivisions and donated,

or otherwise dedicated or offered for dedication, where no

formal record appears as to acceptance by the political

subdivision, as public parks, squares or similar uses and

public buildings, and no longer necessary or practicable for

such purposes, and granting orphans' courts jurisdiction with

respect thereto," further providing for purchase or

condemnation of property.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6 of the act of December 15, 1959

(P.L.1772, No.670), entitled "An act providing for the orderly

disposition of properties situate within political subdivisions

and donated, or otherwise dedicated or offered for dedication,

where no formal record appears as to acceptance by the political

subdivision, as public parks, squares or similar uses and public

buildings, and no longer necessary or practicable for such

purposes, and granting orphans' courts jurisdiction with respect

thereto," is amended to read:

Section 6.  (a)  Nothing in this act shall be construed to

limit or affect the control by a political subdivision of public

lands or buildings acquired by such political subdivision by

purchase [or condemnation.] if any of the following apply:

(1)  The instrument of conveyance transferring title to the

political subdivision is unencumbered by a restriction or

covenant of record prescribing the lands, buildings or public

facilities for public use.

(2)  A restriction or covenant prescribing the lands,

buildings or public facilities for public use which is placed of

record at, or subsequent to, the time of purchase by the

political subdivision is duly released or removed as permitted

by statute.

(b)  This act shall not apply to lands, buildings or public

facilities acquired by a political subdivision through

condemnation.

(c)  Notwithstanding section 2, exempt lands, buildings or

public facilities acquired by a political subdivision through

purchase or condemnation, if subsequently dedicated to public

use or not, shall not be deemed to be held by the political

subdivision in trust for the benefit of the public and may be

conveyed, sold, alienated or disposed of as permitted under the

Pennsylvania Code or, in the case of condemnation, 26 Pa.C.S.

(relating to eminent domain).

Section 2.  This act shall take effect in 60 days.