Pennsylvania Act 1921-353 — STATE FOREST LANDS, CONDEMNATION

Act text

AN ACT

Providing for the condemnation by the Commonwealth of lands suitable and desirable for forest purposes or game preserve purposes or the perpetuation and protection of fish; and defining the powers and duties of the Department of Forestry, the Board of Game Commissioners, and the Department of Fisheries, respectively, in relation thereto.

Compiler's Note: Section 304(c) 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 Department of Forests and Waters and the Secretary of Forests and Waters by Act 353 of 1921.

Section 1. Power of eminent domain

Whenever the Department of Forests and Waters, the Board of Game Commissioners, or the Board of Fish Commissioners desires to acquire land, suitable and desirable for State Forest purposes, for State Park purposes, for game preserve purposes, or for the perpetuation or protection of fish, respectively, and a price for such lands cannot be agreed upon with the owner or owners thereof, or where such owner or owners cannot be found, in all such cases the Department of Forests and Waters, the Board of Game Commissioners, or the Board of Fish Commissioners is authorized to acquire the said respective classes of lands by condemnation. 1921, May 20, P.L. 984, Sec. 1; 1935, July 16, P.L. 1049, Sec. 1.

Section 2. The Secretary of Forests and Waters, the Executive Director of the Pennsylvania Game Commission or the Executive director of the Pennsylvania Fish Commission, on behalf of the Commonwealth, may respectively enter upon any of such lands, and take possession thereof. (2 amended 1961, May 15, P.L. 202, and repealed in part Apr. 28, 1978, P.L.202 , No.53)

Compiler's Note: The name of the Pennsylvania Fish Commission, referred to in this section, was changed to the Pennsylvania Fish and Boat Commission by the Act 30 of 1991. See 30 Pa.C.S. § 308 (relating to designation of commission).

Section 3. (3 repealed Apr. 28, 1978, P.L.202, No.53)

Section 4. (4 repealed Apr. 28, 1978, P.L.202, No.53)

Section 5. (5 repealed Apr. 28, 1978, P.L.202, No.53)

Section 6. (6 repealed Apr. 28, 1978, P.L.202, No.53)

Section 7. (7 repealed Apr. 28, 1978, P.L.202, No.53)

Section 8. (8 repealed Apr. 28, 1978, P.L.202, No.53)

Section 10. Payment of damages awarded; costs of proceedings

When the amount payable to the owner of such land has been finally determined, the same, adjusted in accordance with any amount previously paid into court as provided in section 2 of this act, shall be paid by the Secretary of Forest and Waters, the Executive Director of the Pennsylvania Game Commission or the Executive Director of the Pennsylvania Fish commission, as the case may be, from appropriations for such purposes or from the Game Fund or the Fish Fund. All costs in connection with any such proceedings shall be paid by the Commonwealth in like manner. 1921, May 20, P.L. 984, Sec. 10; 1935, July 16, P.L. 1049, Sec. 1. As amended 1961, May 15, P.L. 202, Sec. 1.

Compiler's Note: The name of the Pennsylvania Fish Commission, referred to in this section, was changed to the Pennsylvania Fish and Boat Commission by the Act 30 of 1991. See 30 Pa.C.S. § 308 (relating to designation of commission).

Section 11. (11 repealed Apr. 28, 1978, P.L.202, No.53)

Section 12. Control and supervision of lands acquired; income and revenue therefrom

The Department of Forests and Waters, or the Board of Game Commissioners, or the Board of Fish Commissioners, respectively, shall have the control and supervision of all such lands acquired under the provisions of this act. All income and revenue derived from said lands shall be expended in the same manner and for the same purposes as provided by law for the expenditure of the income from the State Forests, State Parks, or the receipts of said Board of Game Commissioners or Board of Fish Commissioners, respectively; and, for such purposes, such income derived from lands acquired by the Board of Game Commissioners is hereby specifically appropriated, and shall be paid into the Game Fund; and the income derived from lands acquired by the Department of fisheries is hereby specifically appropriated, and shall be paid into the Fish Fund. 1921, May 20, P.L. 984, sec. 12; 1935, July 16, P.L. 1049, Sec. 1.