PRINTER'S NO. 1180
No. 1026 Session of 1975
INTRODUCED BY ITKIN, BONETTO, BURNS, ZEARFOSS, REED, McINTYRE,
KERNICK AND McCLATCHY, APRIL 16, 1975
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 21, 1975
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for
21 powers and duties of the Secretary of Transportation as to
22 real property.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Clause (e) of section 2003, act of April 9, 1929
26 (P.L.177, No.175), known as "The Administrative Code of 1929,"
27 is amended to read:
28 Section 2003. Machinery, Equipment, Lands and Buildings.--
1 The Department of Transportation in accord with appropriations
2 made by the General Assembly, and grants of funds from Federal,
3 State, regional, local or private agencies, shall have the
4 power, and its duty shall be:
5 * * *
6 (e) [With the approval of the Governor and of the Department
7 of Property and Supplies to] To purchase or otherwise acquire,
8 land in fee simple or such lesser estate or interest as it shall
9 determine, in the name of the Commonwealth, for [the purpose of
10 erecting thereon garages, storage sheds, or other buildings
11 necessary in connection with the construction or maintenance of
12 highways] all transportation purposes, including marking,
13 rebuilding, relocating, widening, reconstructing, repairing and
14 maintaining State designated highways and other transportation
15 facilities, and to erect on the land thus acquired such garages,
16 storage sheds or other buildings, structures or facilities as
17 shall be required for transportation purposes.
18 The department shall also have authority to acquire land
19 abutting a highway or other transportation facility if the
20 secretary determines that such land has been or is likely to be
21 adversely affected by reason of its proximity to such highway or
22 other transportation facility, or that such land is required for
23 the purpose of mitigating adverse effects on other land
24 proximate to such highway or other transportation facility.
25 The department may acquire landlocked parcels and other
26 remainders in excess of the right-of-way needed for highways or
27 other transportation facilities, but remainders may be condemned
28 only if department appraisals indicate no substantial difference
29 between the cost of acquiring only the land needed for right-of-
30 way purposes and the cost of acquiring both the required parcel
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1 and the remainder.
2 Any other provisions of this act, to the contrary
3 notwithstanding, the secretary may sell at public sale or may
4 exchange any land acquired by the department if he determines
5 that the land is no longer needed for present or future
6 transportation purposes: Provided, however, That it may not be
7 disposed of within ten years after its acquisition without first
8 being offered to the person from whom it was acquired at the
9 same price paid to him by the Commonwealth, less costs, expenses
10 and reasonable attorney's fees incurred by such person as a
11 result of the acquisition of the land by the Commonwealth:
12 Provided, That where the Commonwealth acquired only a portion of
13 the contiguous land of such person, the Commonwealth's
14 obligation to offer unneeded land to such person as aforesaid
15 shall extend only to land abutting other land to which such
16 person has retained title. The person from whom the land was
17 acquired shall be served with notice of the offer by registered
18 or certified mail and shall have one hundred twenty days after
19 receipt of such notice to make written acceptance thereof. The
20 secretary shall pay real estate taxes to the county,
21 municipality and school district on excess remainders,
22 landlocked parcels and any other land or improvements located
23 outside of the right-of-way until such land shall be used for
24 highway or other transportation purposes, or conveyed. Revenue
25 from any sale or exchange of land acquired with motor license
26 funds shall be deposited in the Motor License Fund.
27 When the secretary determines that it is necessary to condemn
28 land for highway or other transportation purposes or for other
29 purposes specified herein he shall submit to the Governor a
30 description or plan thereof containing the names of the owners
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1 or reputed owners, an indication of the estate or interest to be
2 condemned and such other information as he shall deem necessary.
3 Approval of such plan by the Governor shall constitute authority
4 for the secretary to file a declaration of taking in accordance
5 with the act of June 22, 1964 (P.L.84, No.6), known as the
6 "Eminent Domain Code." Upon approval by the Governor, the
7 description or plan shall be filed as a public record in the
8 department and a copy thereof shall be recorded in the office of
9 the recorder of deeds in the proper county or counties. Payment
10 for such filing shall be as provided in section 404 of the
11 "Eminent Domain Code."
12 The secretary shall have the power to promulgate such
13 reasonable rules and regulations as he deems necessary to carry
14 out the provisions of this subsection.
15 * * *
16 Section 2. It is the legislative intent to establish the
17 authority and procedure for the acquisition of land for all
18 State designated highways and other transportation facilities
19 and for the disposition thereof. The provisions of section 210
20 of the act of June 1, 1945 (P.L.1242, No.428), known as the
21 "State Highway Law," and of section 8 of the act of May 29, 1945
22 (P.L.1108, No.402), entitled "An act authorizing the
23 establishment, construction and maintenance of limited access
24 highways and local service highways; and providing for closing
25 certain highways; providing for the taking of private property
26 and for the payment of damages therefor; providing for sharing
27 the costs involved and for the control of traffic thereover;
28 providing penalties, and making an appropriation," are
29 superseded in so far as they may be inconsistent with this act;
30 and Article III of the "State Highway Law" is repealed
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1 absolutely.
2 Section 3. This act shall not authorize condemnation of land
3 for the opening of any street, lane, alley or public road
4 through any land used as a burial ground or for cemetery
5 purposes or through any land already acquired and intended to be
6 used for a burial ground or for cemetery purposes, nor shall
7 anything herein contained be construed to alter or repeal the
8 requirements of subsection (d) of section 2, act of May 29, 1945
9 (P.L.1108, No.402), entitled "An act authorizing the
10 establishment, construction and maintenance of limited access
11 highways and local service highways; and providing for closing
12 certain highways; providing for the taking of private property
13 and for the payment of damages therefor; providing for sharing
14 the costs involved and for the control of traffic thereover;
15 providing penalties, and making an appropriation."
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