Pennsylvania Act 1947-29 — ALLOWING CITIES TO ACQUIRE LAND FOR PARKING LOTS

Act text

ALLOWING CITIES TO ACQUIRE LAND FOR PARKING LOTS
                  Act of Apr. 17, 1947, P.L. 63, No. 29               Cl. 11
                                  AN ACT

     Authorizing and empowering cities of the first class, second
        class and second class A of this Commonwealth to acquire by
        purchase, lease or condemnation, land within said cities with
        the buildings thereon, if any, to construct buildings and
        facilities thereon; to operate the same as parking lots or
        public garages, subject to certain conditions, or to lease
        such parking lots or garages for private operation and to fix
        the terms and conditions of such leases. (Title amended Oct.
        11, 1967, P.L.444, No.201)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  That the cities of the first class, second class
     and second class A of this Commonwealth shall have the power,
     and they are hereby authorized, to acquire, procure or obtain by
     purchase, lease or condemnation, any land within said cities
     with the buildings or structures erected thereon, if any, and to
     construct buildings and facilities thereon for the purpose of
     using such land as and for parking lots or public garages
     whenever in the judgment of the city council acquisition of such
     lands may be necessary, desirable or useful for the relief or
     abatement of congestion in its streets or highways, except that
     no property in cities of the second class and second class A,
     which is used as a facility or facilities for the parking of
     motor vehicles so long as said property is continuously so used
     and so long as the operation of the said facility complies with
     parking and traffic ordinances of the city, shall be taken by
     condemnation for such purpose: Provided, however, That no
     property devoted to a public use nor any property of a public
     utility company, property used for burial purposes nor places of
     public worship shall be condemned. The title acquired by the
     city exercising the power of condemnation shall be a title in
     fee simple.
        (1 amended Oct. 11, 1967, P.L.444, No.201)
        Section 2.  Whenever any lands shall be acquired by any such
     city for parking lots or garages, they may be operated by such
     city as parking lots or garages for parking motor vehicles only,
     but not for the sale or distribution of any commodity, except
     that portions of the street level or lower floors of the parking
     garages may be leased for commercial use, including emergency
     automobile repair service, and the sale by any lessee of the
     city of any commodity of trade or commerce or any service,
     except the sale of gasoline or automobile accessories, or when
     so provided by ordinance, they may be let to and for private
     operation as parking lots or garages on such terms and
     conditions as may be prescribed by ordinance.
        (2 amended Oct. 21, 1955, P.L.708, No.196)
        Section 3.  The provisions of this act shall become effective
     immediately upon final enactment.