PRINTER'S NO.  968

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

927

Session of

2011

  

  

INTRODUCED BY SCARNATI, APRIL 4, 2011

  

  

REFERRED TO STATE GOVERNMENT, APRIL 4, 2011  

  

  

  

AN ACT

  

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Authorizing the turn back from the Commonwealth to Ward

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Township, Tioga County, of the road known as Old Possessions

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Road in Ward Township, Tioga County; and providing for the

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powers and duties of the Secretary of Conservation and

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Natural Resources.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Turn back of Old Possessions Road in Ward Township,

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Tioga County.

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(a)  Authorization.--The road known as Old Possessions Road

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in Ward Township, Tioga County, extending from Mountain Ridge

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Road to River Road, and having a total length of 3.8 miles, is

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hereby turned back from the Commonwealth to Ward Township, Tioga

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County, provided that the conditions specified in subsection (b)

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are satisfied.

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(b)  Conditions.–-In order for the turn back of the road

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under subsection (a) to take effect, the following conditions

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must be satisfied:

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(1)  The governing body of Ward Township, Tioga County

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must, by ordinance or resolution, approve the turn back and

 


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agree to assume the expense of maintenance and improvement of

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the road.

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(2)  A copy of the ordinance or resolution must be

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submitted to the Secretary of Conservation and Natural

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Resources with a request for an order of turn back from the

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secretary.

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(3)  If the Secretary of Conservation and Natural

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Resources determines, after reviewing the request submitted

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under paragraph (2), that the township:

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(i)  has complied with paragraphs (1) and (2), the

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secretary shall give public notice of the request by

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advertising three times, each publication on a different

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day, in one newspaper of general circulation within the

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township and by posting a copy of the request in a

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conspicuous place along the road; or

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(ii)  has not complied with paragraphs (1) and (2),

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the secretary shall notify the township in writing of the

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basis for the noncompliance and provide the township with

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an opportunity to take corrective action to comply with

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paragraphs (1) and (2) and resubmit its request.

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(4)  The Secretary of Conservation and Natural Resources

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shall publish a statement of compliance with paragraphs (1),

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(2) and (3)(i) as a notice in the Pennsylvania Bulletin.

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(c)  Ownership of real property.--The ownership of the real

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property underlying the roadway shall continue to be retained by

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the Department of Conservation and Natural Resources in regard

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to State forest land and by private property owners for those

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portions of the road crossing privately owned property.

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(d)  Vacation on roadway.--If the township vacates the

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roadway, the status of the roadway shall be automatically

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reinstated and the road shall be turned back from Ward Township,

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Tioga County, to the Commonwealth. Upon the occurrence of a

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reinstatement the secretary shall give notice in the

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Pennsylvania Bulletin that the reversion has occurred.

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(e)  Effective date of turn back.--The date of publication of

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the notice under subsection (b)(4) shall be the date on which

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the turn back shall take effect.

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Section 2.  Effective date.

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This act shall take effect in 60 days.

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