PRINTER'S NO. 1519
No. 1236 Session of 1977
INTRODUCED BY STOUT AND ROSS, DECEMBER 7, 1977
REFERRED TO ENVIRONMENTAL RESOURCES, DECEMBER 7, 1977
AN ACT
1 Amending the act of August 2, 1967 (P.L.189, No.61), entitled
2 "An act to ratify and adopt the Wheeling Creek Watershed
3 Protection and Flood Prevention District Compact for the
4 prevention of floods and the conservation, development,
5 utilization and disposal of water within the Wheeling Creek
6 watershed or subwatershed areas, and making the Commonwealth
7 of Pennsylvania a party thereto; creating the "Wheeling Creek
8 Watershed Protection and Flood Prevention Commission,"
9 providing for the members of such commission from the
10 Commonwealth of Pennsylvania; and providing for the carrying
11 out of said compact," further providing for the sale,
12 exchange or lease by the Commission of excess property.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Article VI, act of August 2, 1967 (P.L.189,
16 No.61), referred to as the Wheeling Creek Watershed Protection
17 and Flood Prevention District Compact, is amended by adding a
18 clause to read:
19 ARTICLE VI. POWERS AND DUTIES
20 The Commission is hereby authorized and empowered:
21 * * *
22 (I) The Commission, subject to the conditions herein, may
23 sell, exchange or lease property, real or personal, or any
1 interest therein.
2 When the property, or any interest or right therein, is being
3 held for future use, it may be leased. When the real property,
4 or any part thereof, or any interest or right therein, is deemed
5 by the Commission not necessary, or desirable for present or
6 presently foreseeable future use, it may be exchanged for other
7 property, or any interest or right therein, deemed by the
8 Commission to be necessary or desirable for present or presently
9 foreseeable future use, or may be sold. In addition the
10 Commission may exchange real property, or any part thereof, or
11 any interest or right therein, even though it may be desirable
12 or necessary for present or presently foreseeable future use, if
13 the exchange is made for other real property, or any interest or
14 right therein, in close proximity thereto which the Commission
15 deems of equal or superior value for presently foreseeable
16 future use. In making exchanges the Commission may make
17 allowances for differences in values of the properties being
18 exchanged and may move or pay the cost of moving buildings,
19 structures, or appurtenances in connection with the exchange.
20 Every such sale of real property, or any interest or right
21 therein or structure thereon, shall be at public auction in the
22 county in which the real property, or the greater part thereof
23 in value, is located, and the Commission shall advertise, by
24 publication or otherwise, the time, place and terms of such sale
25 at least twenty days prior thereto. The property shall be sold
26 in the manner which will bring the highest and best price
27 therefor. The Commission may reject any and all bids received at
28 the sale. The Commission shall keep a record, open to public
29 inspection, indicating the manner in which such real property,
30 or any interest or right therein or structure thereon, was
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1 publicly advertised for sale, the highest bid received therefor
2 and from whom, the person to whom sold, and payment received
3 therefor. Such record shall be kept for a period of five years
4 and may thereafter be destroyed.
5 The Commission may insert in any deed or conveyance, whether
6 it involves an exchange, lease or sale, such conditions as are
7 in the public interest.
8 All moneys received from the exchange, sale or lease of real
9 or personal property, or any right or interest therein, shall be
10 paid into the Commission's treasury and used for the purpose for
11 which the Commission was created.
12 If the Commission has heretofore sold and conveyed away or
13 leased any such property, such transactions and the documents of
14 lease or transfer therefor are hereby approved and confirmed and
15 shall be as effective as if the authority to lease or convey the
16 said property had been given in this statute as originally
17 enacted.
18 Section 2. This act shall take effect immediately insofar as
19 it relates to property situated in the Commonwealth of
20 Pennsylvania, but shall not apply to property situated in the
21 State of West Virginia until similar provisions are enacted by
22 the State of West Virginia.
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