PRINTER'S NO. 2077
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1734
Session of
2023
INTRODUCED BY SCHEUREN, TOMLINSON, STEHR AND KEEFER,
OCTOBER 2, 2023
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 2, 2023
AN ACT
Amending the act of January 19, 1967 (1968 P.L.992, No.442),
entitled "An act authorizing the Commonwealth of Pennsylvania
and the local government units thereof to preserve, acquire
or hold land for open space uses," further providing for
acquisition of interests in real property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(c) of the act of January 19, 1967 (1968
P.L.992, No.442), entitled "An act authorizing the Commonwealth
of Pennsylvania and the local government units thereof to
preserve, acquire or hold land for open space uses," is amended
by adding a clause to read:
Section 5. Acquisition of Interests in Real Property.--* * *
(c) * * *
(3) During the time that real property or any interest in
real property acquired by a local government unit for open space
purposes in accordance with this act is held by the local
government unit, the real property shall not be developed by the
construction of a building in excess of three thousand square
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feet unless the governing body of the local government unit
first holds a public hearing and provides by ordinance for a
referendum on the question. The ordinance of the governing board
of the local government unit providing for a referendum on the
question shall be filed with the county board of elections. The
referendum shall be governed by the provisions of the act of
June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania
Election Code." The election official shall cause the question
to be submitted to the electors of the local government unit at
the next primary, general or municipal election occurring not
less than the thirteenth Tuesday following the filing of the
ordinance with the county board of elections. At such election,
the question shall be submitted to the voters in the same manner
as other questions are submitted under the provisions of the
"Pennsylvania Election Code." If the referendum question passes,
the real property may be developed by the construction of a
building in excess of three thousand square feet. If the
referendum question fails, the real property shall not be
developed by the construction of a building in excess of three
thousand square feet.
Section 2. This act shall take effect in 60 days.
20230HB1734PN2077 - 2 -
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