SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 3, 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 definitions, for use

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of trust property and 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

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

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(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 by adding paragraphs to read:

Section 1.  As used in this act--

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(4)  "Land trust" shall mean a nonprofit conservation or

preservation organization, conservancy or land trust whose

primary purpose is the conservation and preservation of open

space, park lands or natural areas for public benefit. Any

qualified organization shall be tax exempt under section 501(c)

(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26

U.S.C. § 501(c)(3)), registered with the Pennsylvania Department

of State and have an existence for at least five consecutive

years.

(5)  "Public hearing" shall mean a formal meeting held

pursuant to public notice by the governing body or planning

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agency, intended to inform and obtain public comment, prior to

taking action in accordance with this act.

Section 2.  Sections 4 and 6 of the act are amended to read:

Section 4.  When, in the opinion of the political subdivision

which is the trustee, the continuation of the original use of

the particular property held in trust as a public facility is no

longer practicable or possible and has ceased to serve the

public interest, or where the political subdivision, as trustee

for the benefit of the public, is in doubt as to the

effectiveness or the validity of an apparent dedication because

of the lack of a record of the acceptance of the dedicated land

or buildings, or where the particular property held in trust as

a public facility was conveyed to the trustee by a land trust, 

the trustee may apply to the orphans' court of the county in

which it is located for appropriate relief. The court may permit

the trustee to--

(1)  Substitute other lands or property of at least equal

size and value held or to be acquired by the political

subdivision in exchange for the trust property in order to carry

out the trust purposes.

(2)  If other property is not available, sell the property

and apply the proceeds to carry out the trust purposes.

(3)  In the event the original trust purpose is no longer

practicable or possible or in the public interest, apply the

property or the proceeds therefrom in the case of a sale to a

different public purpose.

(4)  Relinquish, waive or otherwise quitclaim all right and

title of the public in and to such land and buildings as have

been apparently dedicated but for which no formal acceptance

appears of record: Provided, only, That the court is satisfied

upon hearing the evidence that there is no acceptance by

implication arising out of public user or otherwise, the court

shall also determine the consideration, if any, to be paid to

the political subdivision.

Section 6.  (a)  Nothing Section 6.  [Nothing] (a) (1)  

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Except as set forth in paragraph (2), 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

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the following apply:

(1)  The instrument of conveyance transferring title to the

political subdivision is unencumbered by a restriction or

covenant recorded with the county office where deeds are

recorded 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 recorded

with the county office where deeds are recorded at, or

subsequent to, the time of purchase by the political subdivision

is duly released or removed as permitted by statute. if the

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instrument of conveyance transferring title to the political if

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any of the following apply:

(i)  The instrument of conveyance transferring title to the

political subdivision is unencumbered by a restriction or

covenant recorded with the county office where deeds are

recorded prescribing the lands, buildings or public facilities

for public use unless the restriction or covenant prescribing

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the lands, use.

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(ii)  A restriction or covenant prescribing the lands, 

buildings or public facilities for public use which is recorded

with the county office where deeds are recorded at the time of

purchase, or subsequent to, by the political subdivision is duly

released or removed as permitted by statute. This section shall 

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released or removed as permitted by statute.

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(2)  This subsection shall not apply to public lands or

buildings conveyed to the political subdivision by a land trust.

(a.1)  In the event a political subdivision seeks to convey

public lands or buildings purchased by the political subdivision

and not subject to an encumbrance as provided in subsection (a),

the political subdivision shall publish notice of a public

hearing on the reconveyance of the public lands or buildings in

a newspaper of general circulation in the political subdivision

in which the public lands or buildings are situate not less than

thirty days prior to the date of the public hearing. No public

lands or buildings shall be reconveyed by a political

subdivision prior to the satisfaction of the notice and hearing

requirements imposed by this subsection.

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

facilities acquired by a political subdivision through

condemnation.

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

facilities acquired by a political subdivision through purchase

or condemnation which are exempt under this section, if  

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 in

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accordance with subsection (a.1) and as permitted by statute or,

in the case of condemnation, 26 Pa.C.S. (relating to eminent

domain).

(d)  The act of June 22, 1964 (Sp.Sess., P.L.131, No.8),

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known as the Project 70 Land Acquisition and Borrowing Act,

shall continue to apply to lands acquired pursuant to that act.

(d) (e)  As used in this section, purchase shall include any

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transaction in which monetary consideration in any amount was

paid by the political subdivision.

Section 2 3.  This act shall take effect immediately.

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