Pennsylvania Act 1990-151 — PUBLIC UTILITY CODE (66 PA.C.S.) - AMEND

Act text

PUBLIC UTILITY CODE (66 PA.C.S.) - AMEND
                 Act of Nov. 29, 1990, P.L. 600, No. 151              Cl. 66
                             Session of 1990
                               No. 1990-151

                                  AN ACT

     HB 560

     Amending Title 66 (Public Utilities) of the Pennsylvania
        Consolidated Statutes, providing an opportunity for
        municipalities to purchase real property being disposed of by
        public utilities engaged in a railroad business.

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

        Section 1.  Title 66 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 2709.  Disposition of real property by public utility engaged
                    in railroad business.
        (a)  Notice.--Before a public utility engaged in a railroad
     business disposes of real property previously used as a roadbed
     right-of-way, it must notify the county, city, borough,
     incorporated town or township in which the real property is
     located, and it must notify the Department of Transportation,
     the Pennsylvania Game Commission, the Pennsylvania Fish
     Commission and the Department of Environmental Resources.
     Notifications shall be in writing.
        (b)  Procedure after notice.--
            (1)  If a municipality or any authority created by a
        municipality or group of municipalities makes an offer to
        purchase the real property within 60 days of receiving notice
        under subsection (a), the public utility shall accept or
        reject the offer.
            (2)  If a municipality or any authority created by a
        municipality or group of municipalities does not make an
        offer to purchase the real property within 60 days of
        receiving notice under subsection (a) or if the public
        utility rejects the offer of a municipality, the
        administrative agencies specified in subsection (a) have 60
        days to decide on making an offer for the real property. If
        an administrative agency makes an offer under this paragraph,
        the public utility shall consider the offer and make a
        decision on the offer before making other disposition of the
        property. If more than one administrative agency makes an
        offer, the public utility shall consider the offers in the
        following order: the Department of Transportation, the
        Department of Environmental Resources, the Pennsylvania Game
        Commission and the Pennsylvania Fish Commission.
        (c)  Violation.--If a public utility engaged in a railroad
     business disposes of real property previously used as a roadbed
     right-of-way without complying with this section, the
     disposition is voidable.
        (d)  Compliance.--The notification requirements of this
     section shall be deemed to have been complied with if the
     executed, notarized and recorded deed conveying the property
     contains a recital affirming that the notifications required
     under this section were made. A copy of each notice shall be
     appended to the deed when it is recorded.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 29th day of November, A. D. 1990.

     ROBERT P. CASEY