PRINTER'S NO. 1502
No. 1304 Session of 1991
INTRODUCED BY MURPHY, MICHLOVIC, PISTELLA, COWELL, TRELLO,
PETRONE, PRESTON, CESSAR AND GIGLIOTTI, MAY 6, 1991
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 6, 1991
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," authorizing the Department
21 of Transportation to convey excess real property to certain
22 public agencies or tenants.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 2003(e)(7) of the act of April 9, 1929
26 (P.L.177, No.175), known as The Administrative Code of 1929,
27 amended December 7, 1979 (P.L.478, No.100), is amended to read:
1 Section 2003. Machinery, Equipment, Lands and Buildings.--
2 The Department of Transportation in accord with appropriations
3 made by the General Assembly, and grants of funds from Federal,
4 State, regional, local or private agencies, shall have the
5 power, and its duty shall be:
6 * * *
7 (e) * * *
8 (7) Any other provisions of this act to the contrary
9 notwithstanding, the department may sell at public sale any land
10 acquired by the department if the secretary determines that the
11 land is not needed for present or future transportation
12 purposes:
13 (i) Improved land shall first be offered at its fair market
14 value as determined by the department to other public agencies
15 which demonstrate a public purpose for the land unless the land
16 is located in a county of the second class A not governed under
17 a home rule charter. If not transferred to a public agency or if
18 located in a county of the second class A not governed under a
19 home rule charter, the improved land occupied by a tenant of the
20 department shall [first] then be offered to the tenant at its
21 fair market value as determined by the department, except that
22 if the tenant is the person from whom the department acquired
23 the land, it shall be offered to the tenant at the acquisition
24 price, less costs, expenses and reasonable attorneys' fees
25 incurred by the person as a result of the acquisition of the
26 land by the department. If there is no tenant and the person
27 from whom the department acquired the land did not receive a
28 replacement housing payment under section 602-A of the "Eminent
29 Domain Code," or under former section 304.3 of the act of June
30 1, 1945 (P.L.1242, No.428), known as the "State Highway Law,"
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1 the land to be sold shall first be offered to such person at the
2 acquisition price, less costs, expenses and reasonable
3 attorneys' fees incurred by the person as a result of the
4 acquisition of the land by the department. As used in this
5 subclause and subclause (ii), the term "public agency" shall
6 include authorities and political subdivisions.
7 (ii) Unimproved land shall first be offered at its fair
8 market value as determined by the department to other public
9 agencies which demonstrate a public purpose for the land, unless
10 the land is located in a county of the second class A not
11 governed under a home rule charter. If not transferred to a
12 public agency or if located in a county of the second class A
13 not governed under a home rule charter, the unimproved land
14 shall [first] then be offered to the person from whom it was
15 acquired at its acquisition price, less costs, expenses and
16 reasonable attorneys' fees incurred by the person as a result of
17 the acquisition of the land by the department, if the person
18 still retains title to land abutting the land to be sold. If the
19 land abutting the land to be sold has been conveyed to another
20 person, the land to be sold shall first be offered to that
21 person at its fair market value as determined by the department.
22 (iii) Notice of the offer described in either subclause (i)
23 or (ii) shall be sent by certified mail, or, if notice cannot be
24 so made, in the manner required for "in rem" proceedings. The
25 offeree shall have one hundred twenty (120) days after receipt
26 of notice to accept the offer in writing.
27 (iv) Revenue from any sale of land acquired with motor
28 license funds shall be deposited in the Motor License Fund.
29 * * *
30 Section 2. This act shall take effect in 60 days.
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