Pennsylvania Act 1921-436 — STATE FORESTS, DEDICATED

Act text

STATE FORESTS, DEDICATED
                 Act of May 27, 1921, P.L. 1180, No. 436              Cl. 32
                                  AN ACT

     Dedicating certain lands of the Commonwealth of Pennsylvania,
        situated in the city and county of Erie, to public use as an
        historical memorial and public State park; aiding in the
        development of the harbor of Erie; and creating a commission
        to manage and control said lands and said harbor
        improvements; empowering said commission to purchase or
        receive by gift other lands for the purpose of this act;
        providing for the appointment of members of said commission,
        and that the Secretary of Internal Affairs and the
        Commissioner of Fisheries shall be ex officio members
        thereof; defining the duties and powers of said commission;
        excepting rights and privileges in said lands heretofore
        granted; and making an appropriation.

        Compiler's Note:  Section 303(b) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the Pennsylvania State Park and Harbor Commission of
            Erie by Act 436 of 1921.
        Compiler's Note:  Section 4 of Act 129 of 1959 provided that
            Act 436 is repealed insofar as it is inconsistent with
            Act 129.
        Compiler's Note:  Section 4 of Act 653 of 1955 provided that
            Act 436 is repealed insofar as it is inconsistent with
            Act 653.
        Section 1.  Be it enacted, &c., That there be, and is hereby,
     created a commission, which shall be known as the Pennsylvania
     State Park and Harbor Commission of Erie. Said commission shall
     consist of nine persons, three to be appointed by the Governor,
     two by the council of the city of Erie, two by the judges of the
     judicial district of the county of Erie, and the Secretary of
     Internal Affairs and the Commissioner of Fisheries to be members
     ex officio.

        Compiler's Note:  Section 2901 of Act 274 of 1996 provided
            that section 1 is repealed insofar as it is inconsistent
            with Act 274.
        Section 2.  (2 repealed June 7, 1923, P.L.498, No.274)
        Section 3.  (3 repealed June 7, 1923, P.L.498, No.274)
        Section 4.  (4 repealed June 7, 1923, P.L.498, No.274)
        Section 5.  The commission shall have power to enter upon and
     take possession of the lands hereafter dedicated and such other
     lands as may be acquired under the provisions of this act, and
     exercise full power to manage, control, protect, maintain, and
     develop said lands for public park purposes and for the
     improvement of the harbor of Erie, and to adopt, establish, and
     enforce all necessary rules and regulations therefor.
        Section 6.  The commission is empowered to make a survey and
     place suitable landmarks; to make a general plan for
     improvements, which shall be submitted to the proper department
     of the United States Government and to the Secretary of Internal
     Affairs of Pennsylvania for their approval; to enter into
     contracts for the building of roads planning, engineering,
     dredging, filling, bridging, erection of docks, erection of
     necessary buildings; to grant reasonable leases and concessions,
     including leases for a period of years, subject to proper
     restrictions, for the establishment and maintenance of a
     suitable harbor for yachts, and the use of sufficient lands, not
     exceeding ten acres, for the erection of yacht club buildings;
     to control waterways, ponds, lagoons, drives, walks, and ways,
     the operation of boats and small craft, docks and landings; to
     provide against encroachment on said lands, channels, and all of
     the shores of Presque Isle Peninsula and the waters adjacent
     thereto, and the lands under said waters to a distance of five
     hundred feet out from low water, as well as all of that part of
     the bay of Presque Isle known as Misery Bay, together with the
     lands thereunder and the shores thereof, and wharves; and to
     prevent nuisances or pollution of land or waters which are given
     over to this commission; and to enact rules and regulations for
     the protection of all forms of wild life that may be encouraged
     in the woods or ponds or adjacent waters; and for the prevention
     of encroachments not inconsistent nor in conflict with
     international law or any Federal laws, rules, or regulations:
     Provided, That under no consideration is any timber to be sold
     or removed from the peninsula, and such timber as may be
     required to be removed for making of ways and roads is to be
     used in construction work on the peninsula.
        (6 amended Mar. 28, 1929, P.L.89, No.99)
        Section 7.  (7 repealed June 7, 1923, P.L.498, No.274)
        Section 8.  (8 repealed June 7, 1923, P.L.498, No.274)
        Section 9.  The Commonwealth of Pennsylvania does hereby
     dedicate to the use of the public all those certain parcels or
     tracts of land and land covered with water, situated in the city
     and county of Erie in this State, described as follows, to wit:
        First.  The Presque Isle Peninsula.
        Second.  That tract beginning at the northeast corner of
     fifty (50) acre tract, number twenty-seven, in the third section
     of the town of Erie, as finally laid out and sold; thence by the
     north line of fifty (50) acre tracts, numbering from twenty-
     seven to thirty-nine inclusive, following as nearly as may be
     the shore of the Bay of Presque Isle, south sixty-three degrees
     ten minutes west nine thousand two hundred sixty-six (9,266)
     feet to a post, the northwest corner of fifty (50) acre tract,
     number thirty-nine, and the northeast corner of reserve tract,
     number five; thence north twenty-seven degrees fifteen minutes
     west (it being the east line of reserve tract, number five
     produced) fourteen hundred (1,400) feet, more or less, to the
     United States harbor line extended; thence by the United States
     harbor line extended north sixty-two degrees thirty-five minutes
     east nine thousand two hundred sixty-six (9,266) feet to a point
     in the United States harbor line; thence south twenty-seven
     degrees fifteen minutes east seventeen hundred (1,700) feet,
     more or less, to the place of beginning, being the water
     property in the Bay of Presque Isle, in front, adjoining and
     north of the third section of the town of Erie as originally
     laid out.
        Third.  The Canal Basins.
        Fourth.  All of the shores of Presque Isle Peninsula and the
     waters adjacent thereto, and the lands under said waters to a
     distance of five hundred feet out from low water mark, as well
     as all of that part of the Bay of Presque Isle known as Misery
     Bay, together with the lands thereunder and the shores thereof.
        This dedication is to the end that said Presque Isle
     Peninsula be preserved, maintained, improved, enlarged, and
     forever held as a public park, to be known as Pennsylvania State
     Park at Erie, and the other parcels of land herein described for
     increasing the utility and importance of the harbor of Erie,
     under the control and management of the Pennsylvania State Park
     and Harbor Commission in conformity with the provisions of this
     act.
        (9 amended Mar. 28, 1929, P.L.89, No.99)
        Section 10.  This dedication is made with the exceptions and
     reservations, however, of all rights and privileges which have
     heretofore been granted by this Commonwealth, in, to, upon, and
     about said lands and waters, to the United States Government,
     the Commission of the Water Works of the city of Erie, and the
     Department of Fisheries of Pennsylvania, and the further
     exception and reservation that the second described tract,
     including water lots fronting on the third section of the city
     of Erie, shall not be put to commercial or industrial uses.
        Section 11.  The commission is also authorized to accept
     gifts of lands, buildings, money, or other articles of whatever
     kind or description, to be used in the improvement of said park
     and harbor, and to acquire lands by purchase as may be
     necessary. No such purchase to be made, however, except with the
     approval of the Governor.
        Section 12.  The sum of seventy-five thousand dollars
     ($75,000) is hereby appropriated to the Pennsylvania State Park
     and Harbor Commission of Erie for the carrying out of the
     provisions of this act. Said appropriation is made, however,
     upon the condition that the city of Erie, the county of Erie,
     and citizens of Pennsylvania, or others interested, shall first
     have provided in the aggregate a like sum of seventy-five
     thousand dollars ($75,000), to be expended on the construction
     of a road or roads leading to and through this property. Proof
     that such sum has been paid or secured to be paid to the
     commission to be furnished to the Auditor General of
     Pennsylvania.