act-2000-0-88•Pennsylvania Act 2000-88 — REAL AND PERSONAL PROPERTY (68 PA.C.S.) - AMEND PUBLIC LANDS
Pennsylvania Act 2000-88 — REAL AND PERSONAL PROPERTY (68 PA.C.S.) - AMEND PUBLIC LANDS
act-2000-0-882000 Pa. Act 88Law
Act text
REAL AND PERSONAL PROPERTY (68 PA.C.S.) - AMEND PUBLIC LANDS
Act of Nov. 22, 2000, P.L. 652, No. 88 Cl. 68
Session of 2000
No. 2000-88
HB 1443
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, codifying and amending
provisions on public lands; and making repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part II of Title 68 of the Pennsylvania
Consolidated Statutes is amended by adding a subpart to read:
SUBPART F
PUBLIC LANDS
Chapter
61. Vacant and Unimproved Public Lands
CHAPTER 61
VACANT AND UNIMPROVED PUBLIC LANDS
Sec.
6101. Definitions.
6102. Duties of commission.
6103. Application.
6104. Report.
6105. Acquisition determination.
6106. State forests.
6107. Appraisals.
6108. Patents.
6109. Prohibitions and exceptions.
6110. Issuance of patents for unappropriated lands.
6111. Satisfaction of claims.
6112. Prohibition of warrants.
6113. Caveats.
6114. Refund.
§ 6101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Board of Property.
"Commission." The Pennsylvania Historical and Museum
Commission.
"Department." The Department of Conservation and Natural
Resources of the Commonwealth.
"Institution." Any:
(1) healing, preventive mental health, educational,
correctional or penal institution;
(2) almshouse; or
(3) county or city home;
operated by the Commonwealth or a political subdivision.
"Municipality authority." A county, county authority,
municipality authority, city, borough, town, township or school
district.
"Public lands." Includes all of the following:
(1) All lands within the territorial limits of the
Commonwealth which have not been confirmed to the former
proprietaries or their grantees by the act of November 27,
1779 (1 Sm.L.479, Ch.863), entitled "An act for vesting the
estates of the late proprietaries of Pennsylvania in this
commonwealth," and which have not been granted, conveyed or
patented by the Commonwealth to the United States, the
Commonwealth or any administrative branch or department of
either or to any person or corporation, public or private.
(2) All vacant and unappropriated lands; all lands for
which application has been made or warrants have been granted
by the Commonwealth, the titles to which have not been
completed by the granting of patents; and all other lands
which have been sold by commissioners appointed under acts of
the General Assembly, the titles to which have not been
completed by the granting of patents.
The term does not include lands formerly granted, conveyed or
patented by the proprietaries or by the Commonwealth to a person
which have subsequently become the property of the Commonwealth
by escheat, condemnation, confiscation, dedication, gift, grant,
purchase or otherwise.
"Secretary." The Secretary of Conservation and Natural
Resources of the Commonwealth.
"Unappropriated lands." Lands for which no patent has been
issued by the Commonwealth.
"Unimproved lands." Lands which show no signs of occupancy
or cultivation.
"Vacant lands." Lands to which no office rights are
outstanding.
§ 6102. Duties of commission.
The commission has the following powers and duties:
(1) To act as the Land Office of the Commonwealth,
maintaining and preserving the records of all conveyances
from the proprietaries and the Commonwealth to the purchasers
of land, including applications, warrants, return of surveys
and reports denying applications.
(2) To maintain and preserve:
(i) papers relating to the surveys of this
Commonwealth and county lines;
(ii) reports of commissioners relating to the
boundary lines of this Commonwealth;
(iii) maps and other papers lodged with the Land
Office and pertaining to the colonial history of this
Commonwealth;
(iv) the minutes of the Canal Commissioners;
(v) contracts for section profile maps;
(vi) other records relating to the public works; and
(vii) relevant records relating to titles to real
estate owned or to be acquired by the Commonwealth.
(3) To furnish copies of records and documents in
accordance with statutory or regulatory fees.
(4) To promulgate regulations to administer this
chapter.
§ 6103. Application.
(a) Commonwealth rights.--The right of a person to a patent
for vacant or unappropriated lands is subject to the right of
the department to formally acquire for the department on behalf
of the Commonwealth and have vacant or unappropriated lands
patented to the Commonwealth for State forest purposes or State
park purposes as provided by section 6105 (relating to
acquisition determination).
(b) Survey.--A person may apply for a warrant to have a
survey made of any tract of vacant or unappropriated land.
(c) Investigation.--The department, with the cooperation of
the commission, shall investigate to determine whether office
rights have been granted for a tract of land and whether the
tract of land is vacant or unappropriated if an applicant does
all of the following:
(1) Completes an application prescribed by the
department.
(2) Gives 30 days' notice of the filing of the
application by publication once a week for three successive
weeks in a newspaper of general circulation in the area where
the land is situate. The applicant must furnish proof of
publication to the department.
(3) Submits a certified abstract of title.
(4) Submits the survey under subsection (b).
§ 6104. Report.
(a) Total.--If the department determines that the land
applied for is not vacant or unappropriated, it shall file its
report.
(b) Partial.--If the report discloses that a part only of
the land applied for is not vacant or unappropriated, the
applicant may proceed with respect to the balance under section
6106 (relating to State forests).
(c) Appeal.--The report shall be conclusive upon the
applicant, subject to the right of the applicant to appeal to
the board within 30 days under regulations of the board.
§ 6105. Acquisition determination.
(a) Requirement.--If the department finds the land to be
vacant and unimproved or unappropriated and unimproved, the
secretary shall determine whether it is desirable and
practicable for the department to formally acquire the land for
State forest purposes or State park purposes.
(b) Action.--Within two months of receipt of the
application, the department shall do all of the following:
(1) Make one of the following determinations:
(i) To maintain the land on behalf of the
Commonwealth. A determination under this subparagraph
must be signed by the secretary and be accompanied by an
abstract with certificate and a survey.
(ii) To relinquish the Commonwealth's rights to the
land.
(2) Notify the applicant of the determination under
paragraph (1).
§ 6106. State forests.
Upon a determination under section 6105(b)(1)(i) (relating to
acquisition determination), a patent to the land shall issue, on
approval of the Governor, to the department for State forest
purposes or State park purposes without the payment of purchase
money, interest or fees.
§ 6107. Appraisals.
(a) Requirement.--Upon a determination under section
6105(b)(1)(ii) (relating to acquisition determination), the land
shall be appraised by a certified independent real estate
appraiser selected by the department.
(b) Procedure.
(1) The appraiser must swear or affirm before an officer
authorized to administer oaths:
(i) faithfully to perform the duties prescribed in
this section; and
(ii) that the appraiser is not directly or
indirectly interested in the application.
(2) The appraiser shall determine the value of the real
estate, taking into consideration soil, timber, fisheries,
minerals, location and other natural characteristics of the
land. In the case of improved land, the value of the
improvements not made by the Commonwealth may not be included
in the valuation.
(3) The appraiser shall prepare and transmit the
appraisal to the department.
§ 6108. Patents.
(a) Costs.--Upon receipt of an appraisal under section 6107
(relating to appraisals), the department shall notify the
applicant and request the amount due the Commonwealth. The
expenses incident to the investigation, advertising, survey and
appraisal must be paid by the applicant.
(b) Issuance.--The department shall issue a patent to an
applicant upon completion of all of the following:
(1) Approval by the department of the material required
by section 6103(c)(4) (relating to application).
(2) Payment of the amount under subsection (a). If the
applicant does not make payment within three months from the
request under subsection (a), the applicant shall be deemed
to have abandoned the application, and the department may:
(i) grant a patent to a subsequent applicant upon
payment of the amount under subsection (a); or
(ii) if more than one year has elapsed since the
receipt of the appraisal, require a current appraisal.
(3) Compliance with law, including regulations
promulgated by the department.
(4) Final disposition in the applicant's favor of any
entered caveat.
(5) Approval by the Governor.
§ 6109. Prohibitions and exceptions.
(a) Prohibition.--Except as set forth in subsection (b), no
application shall be accepted and no warrant, easement or other
office right shall be granted for land, including an island,
lying in the bed of a navigable river or stream declared by law
to be a public highway.
(b) Exceptions.--Subsection (a) does not apply as follows:
(1) A warrant or other office right may be granted and
an appraisal made on land intervening between former islands
for which patents have been granted and the former mainland
of a navigable river where the intervening lands form an
obstruction to navigation and are without the ordinary low
water lines of such navigable rivers, as shown by the
certificate of the United States Secretary of Defense. A
warrant or office right under this paragraph requires written
approval of the department, following the submission of
formal application and plans showing the manner in which the
land within the flood water channel of the navigable river
will be occupied and used and the extent to which the flood
carrying capacity of the channel will be reduced and
modified. Preference in granting a patent shall be given,
with the approval of the Governor, to the owner of the land
abutting the land intervening between the former island to
which a patent has been granted and the former mainland of
the navigable rivers. A patent, with the approval of the
Governor, may be issued in accordance with any agreement
entered into by all abutting landowners providing for an
allotment of the land intervening between the former islands.
(2) An easement may be granted for a sewage treatment
plant and intercepting sewer system and facility necessary
and incidental to the plant under, across and in the bed of a
navigable river or stream declared by law to be a public
highway for the purpose of diverting sewage and industrial
wastes from the river or stream to the sewage treatment plant
if construction permits have been issued by the Sanitary
Water Board, the department and the United States Secretary
of Defense. The department shall, on application by a
municipality authority or institution, make a grant to the
municipality of the easement in the name of the Commonwealth,
upon approval of the Governor and in a form approved by the
Attorney General, without the payment of purchase money,
interest or fees.
(3) The following apply:
(i) The department is authorized to have a survey
and appraisal made under this chapter and issue a patent,
upon the approval of the Governor, of so much of the bed
of a river or stream below low water mark as is no longer
useful for the ordinary purposes of navigation and is
abandoned if the Federal Government:
(A) enters an agreement with the owners of land
to be taken to promote sanitation, prevent floods or
improve navigation or for other purposes; and
(B) authorizes the widening, straightening or
improvement of the main channel of a navigable river
or stream; and
(C) permits the abandonment and filling up of
other parts of the river or stream which are no
longer useful for the ordinary purposes of
navigation.
(ii) Preference in granting a patent under this
paragraph shall be given to an owner of land abutting the
portion of the bed of a river or stream which (portion)
is subject to patent. A patent, with the approval of the
Governor, may issue in accordance with an agreement
entered into by all abutting landowners providing for an
allotment of the land abandoned and subject to patent.
(iii) Evidence that any part of a river or stream
has ceased to be useful for the ordinary purposes of
navigation and is the subject of warrant, survey and
patent must include all of the following:
(A) A certified copy of any Federal statute in
relation to the area.
(B) A copy of any agreement entered into between
the United States and the owners of the land,
accompanied by proper plans showing the land to be
taken; the river or stream as widened, straightened
or improved; and the portion of the river or stream
which is to be abandoned. The copy of the agreement
and plans must be certified under the hand and seal
of the United States Secretary of Defense and filed
in the office of the secretary.
§ 6110. Issuance of patents for unappropriated lands.
The department shall, upon the presentation and approval of
an application with satisfactory proof of ownership, including
current survey and abstract of title, and the payment of patent
fees amounting to $25, with the approval of the Governor, grant
a patent if all of the following apply:
(1) The records of the commission demonstrate that there
have been warrants granted by the Commonwealth for lands
authorized to be sold by statute or by statutorily appointed
commissioners.
(2) Titles to the warrants under paragraph (1) have not
been completed by the granting of patents.
§ 6111. Satisfaction of claims.
(a) Scope.--This section applies to land in this
Commonwealth for which there is an outstanding office right
granted before January 1, 1935.
(b) Authorization.--Upon payment of the fee under subsection
(c), the department may do all of the following:
(1) Cancel liens, bonds and mortgages held by the
department for unpaid purchase money and interest.
(2) Record the satisfaction of the obligation under
paragraph (1).
(3) Certify the action taken under this subsection.
(c) Fee.--There is a fee of $25 for each tract of land upon
which an obligation is released under this section.
§ 6112. Prohibition of warrants.
(a) General rule.--Except as set forth in subsection (b), a
warrant or other office right shall not issue for public land if
any of the following apply:
(1) Settlement has been made on the land. This paragraph
does not apply if the settlement has been abandoned
continuously since January 1, 1935. If the settlement has
been abandoned continuously since January 1, 1935, the land
shall be deemed to be vacant or unappropriated.
(2) The land is totally or partially cleared and fenced.
(3) The land is otherwise improved, used or occupied and
held by defined boundaries. This paragraph does not apply if
the improvement has been abandoned continuously since January
1, 1935. If the improvement has been abandoned continuously
since January 1, 1935, the land shall be deemed to be vacant
or unappropriated.
(b) Exception.--A warrant or other office right for public
land may issue to the person that has made the settlement or
done the clearing, fencing or improvement. This subsection
applies to any successor in interest to the person.
§ 6113. Caveats.
(a) Authority.--A person with a claim on land for which a
warrant application has been made under this chapter may file a
caveat with the department.
(b) Costs.--The caveator must deposit with the caveat a
filing fee determined by the department and, in the case of
vacant land, purchase money. The purchase money shall be
returned to the caveator, less costs incurred by the board, if
the board decides against the caveator and the caveator does not
appeal the decision. If the caveator appeals the decision, the
purchase money shall be held and disposed of as directed by the
court making the final decision on the appeal.
(c) Limitation.--A caveat must be filed prior to the
granting of the patent. No caveat shall be recognized for land
after the patent of the Commonwealth has been granted for the
land.
(d) Procedure.--Upon filing of a caveat, the department
shall notify the original applicant and forward the application
for warrant and the caveat, with all related instruments, to the
board for decision.
(e) Effect.--The filing of a caveat shall suspend issuance
of the patent until the board disposes of the matter.
(f) Perfection.--If the board decides in favor of the
caveator, the caveator must proceed promptly to perfect title
under this chapter and in compliance with regulations of the
department, or the caveator shall be deemed to have abandoned
the claim and right.
§ 6114. Refund.
If the board decides against the issuing of a warrant or
other office right, any purchase money paid shall be returned to
the applicant, less all expenses incurred by the department and
board.
Section 2. The following acts and parts of acts are
repealed:
Act of June 13, 1907 (P.L.621, No.483), entitled, as amended,
"An act authorizing and directing the Secretary of Community
Affairs to compile and publish connected warrantee tract maps of
each of the several counties of this Commonwealth; making an
appropriation for the work of compilation, and directing the
manner of sale and distribution of the same."
Act of June 30, 1959 (P.L.492, No.117), entitled, as amended,
"An act fixing the fees to be charged by the Department of
Community Affairs."
Act of July 9, 1959 (P.L.510, No.137), known as the
Pennsylvania Public Lands Act.
Section 3. The addition of 68 Pa.C.S. Ch. 61 is a
codification of the act of July 9, 1959 (P.L.510, No.137), known
as the Pennsylvania Public Lands Act, and shall be construed a
continuation of that act.
Section 4. This act shall take effect in 60 days.
APPROVED--The 22nd day of November, A. D. 2000.
THOMAS J. RIDGE
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