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| PRIOR PRINTER'S NO. 3146 | PRINTER'S NO. 3495 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CUTLER, DePASQUALE, DENLINGER, BOYD, CLYMER, GEIST, HICKERNELL, HORNAMAN, MILLER, MOUL, PYLE, SWANGER, TOOHIL, TRUITT, VULAKOVICH, BRIGGS, CREIGHTON AND MILNE, FEBRUARY 29, 2012 |
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| AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 8, 2012 |
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| AN ACT |
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1 | Amending the act of December 15, 1959 (P.L.1772, No.670), |
2 | entitled "An act providing for the orderly disposition of |
3 | properties situate within political subdivisions and donated, |
4 | or otherwise dedicated or offered for dedication, where no |
5 | formal record appears as to acceptance by the political |
6 | subdivision, as public parks, squares or similar uses and |
7 | public buildings, and no longer necessary or practicable for |
8 | such purposes, and granting orphans' courts jurisdiction with |
9 | respect thereto," further providing for purchase or |
10 | condemnation of property. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 6 of the act of December 15, 1959 |
14 | (P.L.1772, No.670), entitled "An act providing for the orderly |
15 | disposition of properties situate within political subdivisions |
16 | and donated, or otherwise dedicated or offered for dedication, |
17 | where no formal record appears as to acceptance by the political |
18 | subdivision, as public parks, squares or similar uses and public |
19 | buildings, and no longer necessary or practicable for such |
20 | purposes, and granting orphans' courts jurisdiction with respect |
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1 | thereto," is amended to read: |
2 | Section 6. (a) Nothing in this act shall be construed to |
3 | limit or affect the control by a political subdivision of public |
4 | lands or buildings acquired by such political subdivision by |
5 | purchase [or condemnation.] if any of the following apply: |
6 | (1) The instrument of conveyance transferring title to the |
7 | political subdivision is unencumbered by a restriction or |
8 | covenant of record recorded with the county office where deeds | <-- |
9 | are recorded prescribing the lands, buildings or public |
10 | facilities for public use. |
11 | (2) A restriction or covenant prescribing the lands, |
12 | buildings or public facilities for public use which is placed of | <-- |
13 | record recorded with the county office where deeds are recorded | <-- |
14 | at, or subsequent to, the time of purchase by the political |
15 | subdivision is duly released or removed as permitted by statute. |
16 | (b) This act shall not apply to lands, buildings or public |
17 | facilities acquired by a political subdivision through |
18 | condemnation. |
19 | (c) Notwithstanding section 2, exempt lands, buildings or | <-- |
20 | public facilities acquired by a political subdivision through |
21 | purchase or condemnation which are exempt under this section, if | <-- |
22 | subsequently dedicated to public use or not, shall not be deemed | <-- |
23 | to be held by the political subdivision in trust for the benefit |
24 | of the public and may be conveyed, sold, alienated or disposed |
25 | of as permitted under the Pennsylvania Code by statute or, in | <-- |
26 | the case of condemnation, 26 Pa.C.S. (relating to eminent |
27 | domain). |
28 | (d) As used in this section, purchase shall include any | <-- |
29 | transaction in which monetary consideration in any amount was |
30 | paid by the political subdivision. |
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1 | Section 2. This act shall take effect in 60 days | <-- |
2 | immediately. | <-- |
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