PRINTER'S NO. 1277
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
920
Session of
2017
INTRODUCED BY RAFFERTY, SABATINA, LANGERHOLC, BROWNE, WAGNER,
BARTOLOTTA AND ARGALL, OCTOBER 19, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 19, 2017
AN ACT
Amending Title 15 (Corporations and Unincorporated Associations)
of the Pennsylvania Consolidated Statutes, in corporate
powers, duties and safeguards, further providing for
additional powers of certain public utility corporations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1511(g) of Title 15 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1511. Additional powers of certain public utility
corporations.
* * *
(g) Procedure.--
(1) [The act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
known as the Eminent Domain Code,] The provisions of 26
Pa.C.S. (relating to eminent domain) shall be applicable to
proceedings for the condemnation and taking of property
conducted pursuant to this section.
(2) Notwithstanding paragraph (1), a corporation having
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the power of eminent domain that condemns for occupation by
electric, underground telephone or telegraph, gas, oil or
petroleum products lines used directly or indirectly in
furnishing service to the public an interest (other than a
fee) for right-of-way purposes or an easement for such
purposes may elect to proceed as follows in lieu of the
procedures specified in [sections 402, 403, 405 and 406 of
the Eminent Domain Code:] 26 Pa.C.S. §§ 302 (relating to
declaration of taking), 303 (relating to security required),
305 (relating to notice to condemnee) and 306 (relating to
preliminary objections):
(i) If the corporation and any interested party
cannot agree on the amount of damages sustained, or if
any interested party is an unincorporated association, or
is absent, unknown, not of full age or otherwise
incompetent or unavailable to contract with the
corporation, or in the case of disputed, doubtful or
defective title, the corporation may make a verified
application to the appropriate court for an order
directing the filing of a bond to the Commonwealth, in an
amount and with security to be approved by the court, for
the use of the person or persons who may be found to be
entitled to the damages sustained. The application shall
be accompanied by the bond and a certified copy of the
resolution of condemnation. The resolution shall describe
the nature and extent of the taking.
(ii) If the address of such interested party is
known to the corporation, written notice of the filing of
the application under subparagraph (i) shall be sent to
such party by mail, or otherwise, at least ten days prior
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to the consideration thereof by the court. Otherwise the
corporation shall officially publish such notice in the
county or counties where the property is situated twice a
week for two weeks prior to consideration by the court
and shall give such supplemental or alternative notice as
the court may direct.
(iii) Upon entry by the court of an order approving
the bond and directing that it be filed, the title that
the corporation acquires in the right-of-way or easement
described in the resolution of condemnation shall pass to
the corporation and the corporation shall be entitled to
possession.
(iv) The papers filed by the corporation with the
court under this paragraph shall constitute the
declaration of taking for the purposes of [sections 404,
408 and 409 and Articles V through VIII of the Eminent
Domain Code.] 26 Pa.C.S. §§ 304 (relating to recording
notice of condemnation), 308 (relating to revocation of
condemnation proceedings) and 309 (relating to right to
enter property prior to condemnation) and Chs. 5
(relating to procedure for determining damages), 7
(relating to just compensation and measure of damages), 9
(relating to special damages for displacement) and 11
(relating to evidence).
(v) If a corporation condemns a right-of-way or
easement for underground occupations beneath operating
railroad property, the corporation shall be obligated to
do the following:
(A) Construct the underground line to meet the
minimum standards of the American Railway Engineering
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and Maintenance-of-Way Association specifications.
(B) Construct the underground line to meet
Federal regulatory standards for safety and railroad
operational standards.
(C) Indemnify the railroad owner and operator
for any costs or damages arising out of the
construction or presence of the underground
occupation, including the exacerbation of a condition
of the railroad property.
(D) Bear the costs associated with a subsequent
relocation of the underground line necessitated by
railroad operations.
The potential costs of the indemnification or relocation
shall not be considered in the amount of an award of just
compensation.
Section 2. This act shall take effect in 60 days.
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