act-1921-0-436•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Act 436 is repealed insofar as it is inconsistent with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Act 436 is repealed insofar as it is inconsistent with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that section 1 is repealed insofar as it is inconsistent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 (2 repealed June 7, 1923, P.L.498, No.274)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 (3 repealed June 7, 1923, P.L.498, No.274)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 (4 repealed June 7, 1923, P.L.498, No.274)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.
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