PRIOR PRINTER'S NO. 1502 PRINTER'S NO. 3065
No. 1304 Session of 1991
INTRODUCED BY MURPHY, MICHLOVIC, PISTELLA, COWELL, TRELLO,
PETRONE, PRESTON, CESSAR AND GIGLIOTTI, MAY 6, 1991
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 4, 1992
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 CERTAIN excess real property to <--
22 certain 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 BY ADDING <--
1 SUBCLAUSES to read:
2 Section 2003. Machinery, Equipment, Lands and Buildings.--
3 The Department of Transportation in accord with appropriations
4 made by the General Assembly, and grants of funds from Federal,
5 State, regional, local or private agencies, shall have the
6 power, and its duty shall be:
7 * * *
8 (e) * * *
9 (7) Any other provisions of this act to the contrary
10 notwithstanding, the department may sell at public sale any land
11 acquired by the department if the secretary determines that the
12 land is not needed for present or future transportation
13 purposes:
14 (i) Improved land shall first be offered at its fair market <--
15 value as determined by the department to other public agencies
16 which demonstrate a public purpose for the land unless the land
17 is located in a county of the second class A not governed under
18 a home rule charter. If not transferred to a public agency or if
19 located in a county of the second class A not governed under a
20 home rule charter, the improved land occupied by a tenant of the
21 department shall [first] then be offered to the tenant at its
22 fair market value as determined by the department, except that
23 if the tenant is the person from whom the department acquired
24 the land, it shall be offered to the tenant at the acquisition
25 price, less costs, expenses and reasonable attorneys' fees
26 incurred by the person as a result of the acquisition of the
27 land by the department. If there is no tenant and the person
28 from whom the department acquired the land did not receive a
29 replacement housing payment under section 602-A of the "Eminent
30 Domain Code," or under former section 304.3 of the act of June
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1 1, 1945 (P.L.1242, No.428), known as the "State Highway Law,"
2 the land to be sold shall first be offered to such person at the
3 acquisition price, less costs, expenses and reasonable
4 attorneys' fees incurred by the person as a result of the
5 acquisition of the land by the department. As used in this
6 subclause and subclause (ii), the term "public agency" shall
7 include authorities and political subdivisions.
8 (ii) Unimproved land shall first be offered at its fair
9 market value as determined by the department to other public
10 agencies which demonstrate a public purpose for the land, unless
11 the land is located in a county of the second class A not
12 governed under a home rule charter. If not transferred to a
13 public agency or if located in a county of the second class A
14 not governed under a home rule charter, the unimproved land
15 shall [first] then be offered to the person from whom it was
16 acquired at its acquisition price, less costs, expenses and
17 reasonable attorneys' fees incurred by the person as a result of
18 the acquisition of the land by the department, if the person
19 still retains title to land abutting the land to be sold. If the
20 land abutting the land to be sold has been conveyed to another
21 person, the land to be sold shall first be offered to that
22 person at its fair market value as determined by the department.
23 (iii) Notice of the offer described in either subclause (i)
24 or (ii) shall be sent by certified mail, or, if notice cannot be
25 so made, in the manner required for "in rem" proceedings. The
26 offeree shall have one hundred twenty (120) days after receipt
27 of notice to accept the offer in writing.
28 (iv) Revenue from any sale of land acquired with motor
29 license funds shall be deposited in the Motor License Fund.
30 * * * <--
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1 (V) IMPROVED LAND LOCATED WITHIN A COUNTY OF THE SECOND
2 CLASS OR IN A CITY OF THE SECOND CLASS SHALL FIRST BE OFFERED AT
3 ITS FAIR MARKET VALUE AS DETERMINED BY THE DEPARTMENT TO
4 INTERESTED PUBLIC ENTITIES WHICH DEMONSTRATE A PUBLIC PURPOSE
5 FOR THE LAND. IF NOT TRANSFERRED TO AN INTERESTED PUBLIC ENTITY,
6 THE IMPROVED LAND OCCUPIED BY A TENANT OF THE DEPARTMENT SHALL
7 THEN BE OFFERED TO THE TENANT AT ITS FAIR MARKET VALUE AS
8 DETERMINED BY THE DEPARTMENT, EXCEPT THAT IF THE TENANT IS THE
9 PERSON FROM WHOM THE DEPARTMENT ACQUIRED THE LAND, IT SHALL BE
10 OFFERED TO THE TENANT AT THE ACQUISITION PRICE, LESS COSTS,
11 EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED BY THE PERSON
12 AS A RESULT OF THE ACQUISITION OF THE LAND BY THE DEPARTMENT. IF
13 THERE IS NO TENANT AND THE PERSON FROM WHOM THE DEPARTMENT
14 ACQUIRED THE LAND DID NOT RECEIVE A REPLACEMENT HOUSING PAYMENT
15 UNDER SECTION 602-A OF THE "EMINENT DOMAIN CODE," OR UNDER
16 FORMER SECTION 304.3 OF THE ACT OF JUNE 1, 1945 (P.L.1242,
17 NO.428), KNOWN AS THE "STATE HIGHWAY LAW," THE LAND TO BE SOLD
18 SHALL FIRST BE OFFERED TO SUCH PERSON AT THE ACQUISITION PRICE,
19 LESS COSTS, EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED BY
20 THE PERSON AS A RESULT OF THE ACQUISITION OF THE LAND BY THE
21 DEPARTMENT. AS USED IN THIS SUBCLAUSE AND SUBCLAUSE (VI), THE
22 TERM "INTERESTED PUBLIC ENTITY" SHALL INCLUDE AUTHORITIES AND
23 POLITICAL SUBDIVISIONS LOCATED WITHIN A COUNTY OF THE SECOND
24 CLASS.
25 (VI) UNIMPROVED LAND LOCATED IN A COUNTY OF THE SECOND CLASS
26 OR IN A CITY OF THE SECOND CLASS SHALL FIRST BE OFFERED AT ITS
27 FAIR MARKET VALUE AS DETERMINED BY THE DEPARTMENT TO INTERESTED
28 PUBLIC ENTITIES WHICH DEMONSTRATE A PUBLIC PURPOSE FOR THE LAND.
29 IF NOT TRANSFERRED TO AN INTERESTED PUBLIC ENTITY, THE
30 UNIMPROVED LAND SHALL THEN BE OFFERED TO THE PERSON FROM WHOM IT
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1 WAS ACQUIRED AT ITS ACQUISITION PRICE, LESS COSTS, EXPENSES AND
2 REASONABLE ATTORNEYS' FEES INCURRED BY THE PERSON AS A RESULT OF
3 THE ACQUISITION OF THE LAND BY THE DEPARTMENT, IF THE PERSON
4 STILL RETAINS TITLE TO LAND ABUTTING THE LAND TO BE SOLD. IF THE
5 LAND ABUTTING THE LAND TO BE SOLD HAS BEEN CONVEYED TO ANOTHER
6 PERSON, THE LAND TO BE SOLD SHALL FIRST BE OFFERED TO THAT
7 PERSON AT ITS FAIR MARKET VALUE AS DETERMINED BY THE DEPARTMENT.
8 * * *
9 Section 2. This act shall take effect in 60 days.
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