Pennsylvania Act 2010-58 — SALE OF TRANSPORTATION LANDS ACT - ENACTMENT

Act text

SALE OF TRANSPORTATION LANDS ACT - ENACTMENT
                  Act of Jul. 9, 2010, P.L. 454, No. 58               Cl. 85
                                  AN ACT

     Authorizing the Department of Transportation to sell land under
        certain conditions; and repealing certain provisions of The
        Administrative Code of 1929.

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

     Section 1.  Short title.
        This act shall be known and may be cited as the Sale of
     Transportation Lands Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Transportation of the
     Commonwealth.
        "Fund."  The Motor License Fund.
        "Preservation of open space."  Includes the following:
            (1)  Protection and conservation of water resources and
        watersheds.
            (2)  Protection and conservation of forests and land
        being used to produce timber crops.
            (3)  Protection and conservation of farmland.
            (4)  Protection of existing or planned park, trail,
        greenway, recreation or conservation sites.
            (5)  Protection and conservation of natural or scenic
        resources, including beaches, streams, flood plains, steep
        slopes and marshes.
            (6)  Protection of scenic areas for public visual
        enjoyment from public rights-of-way.
            (7)  Preservation of sites of historic, geologic or
        botanic interest.
            (8)  Promotion of sound, cohesive and efficient land
        development by preserving open spaces between communities.
        "Public agency."  Includes an authority and a political
     subdivision.
        "Secretary."  The Secretary of Transportation of the
     Commonwealth.
     Section 3.  Sale of land.
        (a)  Authorization.--Notwithstanding the act of April 9, 1929
     (P.L.177, No.175), known as The Administrative Code of 1929, the
     department, in accordance with appropriations and grants of
     funds from Federal, State, regional, local or private agencies
     and subject to subsection (b), in the exercise of its powers and
     duties, may sell at public sale land acquired by the department
     if the secretary determines that the land is not needed for
     present or future transportation purposes.
        (b)  Conditions.--The following apply to a sale under
     subsection (a):
            (1)  If the land is improved, all of the following
        subparagraphs apply:
                (i)  The land must first be offered at its fair
            market value as determined by the department to other
            public agencies which demonstrate a public purpose for
            the land, including, but not limited to, the preservation
            of open space.
                (ii)  If the land is not transferred to a public
            agency, all of the following clauses apply:
                    (A)  If the land is occupied by a tenant, the
                land must be offered to the tenant:
                        (I)  except as set forth in subclause (II),
                    at its fair market value as determined by the
                    department; or
                        (II)  if the tenant is the person from whom
                    the department acquired the land, at the
                    acquisition price, less costs, expenses and
                    reasonable attorney fees incurred by the person
                    as a result of the acquisition of the land by the
                    department.
                    (B)  If the land is not occupied by a tenant and
                the person from whom the department acquired the land
                did not receive a replacement housing payment under
                26 Pa.C.S. § 903 (relating to replacement housing for
                homeowners) or under former section 304.3 of the act
                of June 1, 1945 (P.L.1242, No.428), known as the
                State Highway Law, the land must first be offered to
                that person at the acquisition price, less costs,
                expenses and reasonable attorney fees incurred by the
                person as a result of the acquisition of the land by
                the department.
            (2)  If the land is unimproved, all of the following
        subparagraphs apply:
                (i)  The land must be offered at its fair market
            value as determined by the department to other public
            agencies which demonstrate a public purpose for the land,
            including, but not limited to, the preservation of open
            space.
                (ii)  If the land is not transferred to a public
            agency, the following apply:
                    (A)  Except as set forth in clause (B), the land
                must be offered to the person from whom it was
                acquired at its acquisition price, less costs,
                expenses and reasonable attorney fees incurred by the
                person as a result of the acquisition of the land by
                the department if the person still retains title to
                land abutting the land to be sold.
                    (B)  If the land abutting the land to be sold has
                been conveyed to another person, the land to be sold
                must be offered to that person at its fair market
                value as determined by the department.
            (3)  For an offer under paragraph (1) or (2), all of the
        following apply:
                (i)  except as set forth in subparagraph (ii), notice
            must be sent by certified mail;
                (ii)  if notice cannot be effected under subparagraph
            (i), notice must be effected in the manner required for
            an in rem proceeding; or
                (iii)  the offeree must have 120 days after receipt
            of notice to accept the offer in writing.
        (c)  Proceeds.--Proceeds from a sale of land acquired with
     money from the fund shall be deposited into the fund.
     Section 9.  Repeals.
        Repeals are as follows:
            (1)  The General Assembly declares that the repeal under
        paragraph (2) is necessary to effectuate section 3.
            (2)  Section 2003(e)(7) of the act of April 9, 1929
        (P.L.177, No.175), known as The Administrative Code of 1929,
        is repealed.
     Section 10.  Effective date.
        This act shall take effect in 60 days.