PRINTER'S NO. 2898
No. 2151 Session of 2003
INTRODUCED BY WALKO, HABAY, STURLA, READSHAW, DENLINGER, FABRIZIO, GERGELY, GOODMAN, HORSEY, KIRKLAND, KOTIK, LAUGHLIN, TANGRETTI, THOMAS, YOUNGBLOOD AND FRANKEL, NOVEMBER 10, 2003
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, NOVEMBER 10, 2003
AN ACT 1 Amending the act of July 28, 1953 (P.L.723, No.230), entitled, 2 as amended, "An act relating to counties of the second class 3 and second class A; amending, revising, consolidating and 4 changing the laws relating thereto," further providing for 5 eminent domain. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Section 2601 of the act of July 28, 1953 9 (P.L.723, No.230), known as the Second Class County Code, 10 amended July 25, 1961 (P.L.854, No.370), is amended to read: 11 Section 2601. Eminent Domain; County May Enter Upon Land, Et 12 Cetera.--(a) In all cases where the power of eminent domain is 13 conferred upon the county by law, the county may enter upon, 14 appropriate, take, injure or destroy private lands, property or 15 material. Any such taking for the purpose of originally laying 16 out or opening of any road shall be in fee simple. 17 (b) (1) Notwithstanding any other provision of law, this 18 section includes the right of second class counties to take air
1 rights for transportation uses over or alongside railroad tracks 2 and other railroad property adjacent to the railroad tracks and 3 to construct support structures over and on the property 4 pursuant to this subsection. The following shall apply: 5 (i) Prior to initiating an action in condemnation, a second 6 class county must engage in good faith efforts to purchase the 7 air rights and to enter into agreements regarding the 8 construction of support structures on railroad property related 9 to transportation projects. 10 (ii) Condemnation and use of air rights must be effected in 11 a manner which provides a vertical separation between structures 12 built over railroad property for transportation uses and the 13 railroad property used in active railroad operations not less 14 than: 15 (A) that required to accommodate double-stack container 16 railcars; or 17 (B) the greater of any of the following requirements: 18 (I) The requirements of the Federal Railroad Administration. 19 (II) The requirements of the Federal Highway Administration 20 or any successor agency or department applicable to Federal-aid 21 highways. 22 (III) The requirements of the Pennsylvania Department of 23 Transportation. 24 (2) Notwithstanding any other provision of law, this section 25 includes the right of second class counties to take certain 26 property subject to the ownership and/or control of railroads 27 for transportation uses through the exercise of the power of 28 eminent domain pursuant to this subsection. No action taken 29 pursuant to this subsection shall interfere with railroad 30 operations on adjacent tracks within any right of way or other 20030H2151B2898 - 2 -
1 property retained by a railroad. Prior to initiating an action 2 in condemnation, a second class county must engage in good faith 3 efforts to enter into an agreement with the railroad to vest 4 ownership and control of the property in the second class 5 county. 6 (3) Notwithstanding any other provision of law, whenever in 7 the construction, reconstruction, widening or relocation of any 8 street, highway, bridge or tunnel, or of any part thereof, it 9 becomes necessary or appropriate to occupy part of the right of 10 way or other property of any railroad company, a second class 11 county may enter upon and occupy part of the right of way for 12 the purpose of the highway, bridge or tunnel, or part thereof 13 pursuant to this subsection. The railroad shall provide for the 14 relocation upon its remaining right of way or other property any 15 structures and facilities of the railroad located upon, in, 16 under or above the original right of way or other property at 17 the time the original right of way or other property is 18 occupied. No action taken pursuant to this subsection shall 19 interfere with railroad operations on adjacent tracks within any 20 right of way or other property retained by a railroad. A second 21 class county is authorized to enter into agreements with a 22 railroad company to provide for compensation for the expense of 23 transfer or reconstruction under this paragraph. 24 (4) In connection with the exercise of its power of eminent 25 domain to take the property of a railroad pursuant to this 26 subsection or to exercise other powers granted pursuant to this 27 subsection, a second class county is empowered to take action 28 and to commence proceedings as may be necessary or appropriate 29 to confirm that a condemnation action or relocation pursuant to 30 this subsection is not preempted by Federal law or to establish 20030H2151B2898 - 3 -
1 the conditions under which a railroad line or other railroad 2 property would be subject to condemnation action or relocation 3 free of Federal jurisdiction. Such actions and proceedings may 4 include the filing by the county of an action with the Surface 5 Transportation Board or any successor Federal agency or 6 department having Federal jurisdiction over railroads, for the 7 purpose of: 8 (i) effecting the adverse abandonment of railroad property; 9 or 10 (ii) obtaining a declaratory order from the Surface 11 Transportation Board or any successor Federal agency or 12 department that the proposed condemnation or relocation would 13 not be preempted by Federal law. 14 (5) Upon the acquisition of interests in property in 15 accordance with this subsection, a second class county shall be 16 authorized to enter into agreements with the Commonwealth or its 17 political subdivisions to provide for the transfer of the 18 property for transportation uses upon the receipt of appropriate 19 consideration sufficient to compensate the second class county 20 for its costs of acquisition and related costs and expenses. 21 (6) For the purposes of this subsection, the following words 22 and phrases shall have the meanings given to them in this 23 paragraph unless the context clearly indicates otherwise: 24 "Support structure," means a structure built as a result of 25 the obtaining of air rights over or alongside railroad tracks 26 and other railroad property obtained pursuant to paragraph (1). 27 "Transportation uses," means the development and construction 28 of structures, facilities and other transportation 29 infrastructure the purpose of which is to enable and to 30 facilitate the movement of people, goods or both, including 20030H2151B2898 - 4 -
1 motor vehicle traffic, pedestrian traffic and bicycle traffic.
2 Section 2. This act shall take effect in 60 days.
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