Pennsylvania Act 1959-670 — PROPERTY DONATED TO POLITICAL SUBDIVISIONS FOR PUBLIC USE

Act text

PROPERTY DONATED TO POLITICAL SUBDIVISIONS FOR PUBLIC USE
                 Act of Dec. 15, 1959, P.L. 1772, No. 670             Cl. 53
                                  AN ACT

     Providing for the orderly disposition of properties situate
        within political subdivisions and donated, or otherwise
        dedicated or offered for dedication, where no formal record
        appears as to acceptance by the political subdivision, as
        public parks, squares or similar uses and public buildings,
        and no longer necessary or practicable for such purposes, and
        granting orphans' courts jurisdiction with respect thereto.

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

        Section 1.  As used in this act--
        (1)  "Lands" shall mean all real estate, whether improved or
     unimproved.
        (2)  "Buildings" shall mean all structures, including without
     limitation open air theatres, halls, museums, libraries and
     other buildings.
        (3)  "Public facility" shall mean without limitation any
     park, theatre, open air theatre, square, museum, library,
     concert hall, recreation facility or other public use.
        Section 2.  All lands or buildings heretofore or hereafter
     donated to a political subdivision for use as a public facility,
     or dedicated to the public use or offered for dedication to such
     use, where no formal record appears as to acceptance by the
     political division, as a public facility and situate within the
     bounds of a political subdivision, regardless of whether such
     dedication occurred before or after the creation or
     incorporation of the political subdivision, shall be deemed to
     be held by such political subdivision, as trustee, for the
     benefit of the public with full legal title in the said trustee.
        Section 3.  All such lands and buildings held by a political
     subdivision, as trustee, shall be used for the purpose or
     purposes for which they were originally dedicated or donated,
     except insofar as modified by court order pursuant to this act.
        Section 4.  When, in the opinion of the political subdivision
     which is the trustee, the continuation of the original use of
     the particular property held in trust as a public facility is no
     longer practicable or possible and has ceased to serve the
     public interest, or where the political subdivision, as trustee
     for the benefit of the public, is in doubt as to the
     effectiveness or the validity of an apparent dedication because
     of the lack of a record of the acceptance of the dedicated land
     or buildings, the trustee may apply to the orphans' court of the
     county in which it is located for appropriate relief. The court
     may permit the trustee to--
        (1)  Substitute other lands or property of at least equal
     size and value held or to be acquired by the political
     subdivision in exchange for the trust property in order to carry
     out the trust purposes.
        (2)  If other property is not available, sell the property
     and apply the proceeds to carry out the trust purposes.
        (3)  In the event the original trust purpose is no longer
     practicable or possible or in the public interest, apply the
     property or the proceeds therefrom in the case of a sale to a
     different public purpose.
        (4)  Relinquish, waive or otherwise quitclaim all right and
     title of the public in and to such land and buildings as have
     been apparently dedicated but for which no formal acceptance
     appears of record: Provided, only, That the court is satisfied
     upon hearing the evidence that there is no acceptance by
     implication arising out of public user or otherwise, the court
     shall also determine the consideration, if any, to be paid to
     the political subdivision.
        Section 5.  In all proceedings under this act, the political
     subdivision shall give at least ten days' notice of the filing
     of its petition to the Attorney General who may become a party
     thereto and shall give notice to the public of the proposed date
     of the hearing, by publication, once a week for three successive
     weeks in the official legal journal of the county and in a
     newspaper of general circulation in the municipality, if there
     be one, or, if not, in a newspaper of general circulation in the
     county. Any resident of the political subdivision or any group
     or organization or residents of the political subdivision shall
     have the right to file a protest and, in the discretion of the
     court, shall be entitled to be heard in person or by counsel or
     to intervene in such action and to be a party thereto.
        Section 6.  Nothing in this act shall be construed to limit
     or affect the control by a political subdivision of public lands
     or buildings acquired by such political subdivision by purchase
     or condemnation.
        Section 7.  This act shall take effect immediately.