| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 3146, 3495, 4146 | PRINTER'S NO. 4186 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CUTLER, DePASQUALE, DENLINGER, BOYD, CLYMER, GEIST, HICKERNELL, HORNAMAN, MILLER, MOUL, PYLE, SWANGER, TOOHIL, TRUITT, VULAKOVICH, BRIGGS, CREIGHTON AND MILNE, FEBRUARY 29, 2012 |
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| AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 3, 2012 |
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| AN ACT |
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1 | Amending the act of December 15, 1959 (P.L.1772, No.670), |
2 | entitled "An act providing for the orderly disposition of |
3 | properties situate within political subdivisions and donated, |
4 | or otherwise dedicated or offered for dedication, where no |
5 | formal record appears as to acceptance by the political |
6 | subdivision, as public parks, squares or similar uses and |
7 | public buildings, and no longer necessary or practicable for |
8 | such purposes, and granting orphans' courts jurisdiction with |
9 | respect thereto," further providing for definitions, for use | <-- |
10 | of trust property and for purchase or condemnation of |
11 | property. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 6 of the act of December 15, 1959 | <-- |
15 | (P.L.1772, No.670), entitled "An act providing for the orderly |
16 | disposition of properties situate within political subdivisions |
17 | and donated, or otherwise dedicated or offered for dedication, |
18 | where no formal record appears as to acceptance by the political |
19 | subdivision, as public parks, squares or similar uses and public |
20 | buildings, and no longer necessary or practicable for such |
21 | purposes, and granting orphans' courts jurisdiction with respect |
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1 | thereto," is amended to read: |
2 | Section 1. Section 1 of the act of December 15, 1959 | <-- |
3 | (P.L.1772, No.670), entitled "An act providing for the orderly |
4 | disposition of properties situate within political subdivisions |
5 | and donated, or otherwise dedicated or offered for dedication, |
6 | where no formal record appears as to acceptance by the political |
7 | subdivision, as public parks, squares or similar uses and public |
8 | buildings, and no longer necessary or practicable for such |
9 | purposes, and granting orphans' courts jurisdiction with respect |
10 | thereto," is amended by adding paragraphs to read: |
11 | Section 1. As used in this act-- |
12 | * * * |
13 | (4) "Land trust" shall mean a nonprofit conservation or |
14 | preservation organization, conservancy or land trust whose |
15 | primary purpose is the conservation and preservation of open |
16 | space, park lands or natural areas for public benefit. Any |
17 | qualified organization shall be tax exempt under section 501(c) |
18 | (3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 |
19 | U.S.C. § 501(c)(3)), registered with the Pennsylvania Department |
20 | of State and have an existence for at least five consecutive |
21 | years. |
22 | (5) "Public hearing" shall mean a formal meeting held |
23 | pursuant to public notice by the governing body or planning | <-- |
24 | agency, intended to inform and obtain public comment, prior to |
25 | taking action in accordance with this act. |
26 | Section 2. Sections 4 and 6 of the act are amended to read: |
27 | Section 4. When, in the opinion of the political subdivision |
28 | which is the trustee, the continuation of the original use of |
29 | the particular property held in trust as a public facility is no |
30 | longer practicable or possible and has ceased to serve the |
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1 | public interest, or where the political subdivision, as trustee |
2 | for the benefit of the public, is in doubt as to the |
3 | effectiveness or the validity of an apparent dedication because |
4 | of the lack of a record of the acceptance of the dedicated land |
5 | or buildings, or where the particular property held in trust as |
6 | a public facility was conveyed to the trustee by a land trust, |
7 | the trustee may apply to the orphans' court of the county in |
8 | which it is located for appropriate relief. The court may permit |
9 | the trustee to-- |
10 | (1) Substitute other lands or property of at least equal |
11 | size and value held or to be acquired by the political |
12 | subdivision in exchange for the trust property in order to carry |
13 | out the trust purposes. |
14 | (2) If other property is not available, sell the property |
15 | and apply the proceeds to carry out the trust purposes. |
16 | (3) In the event the original trust purpose is no longer |
17 | practicable or possible or in the public interest, apply the |
18 | property or the proceeds therefrom in the case of a sale to a |
19 | different public purpose. |
20 | (4) Relinquish, waive or otherwise quitclaim all right and |
21 | title of the public in and to such land and buildings as have |
22 | been apparently dedicated but for which no formal acceptance |
23 | appears of record: Provided, only, That the court is satisfied |
24 | upon hearing the evidence that there is no acceptance by |
25 | implication arising out of public user or otherwise, the court |
26 | shall also determine the consideration, if any, to be paid to |
27 | the political subdivision. |
28 | Section 6. (a) Nothing Section 6. [Nothing] (a) (1) | <-- |
29 | Except as set forth in paragraph (2), nothing in this act shall |
30 | be construed to limit or affect the control by a political |
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1 | subdivision of public lands or buildings acquired by such |
2 | political subdivision by purchase [or condemnation.] if any of | <-- |
3 | the following apply: |
4 | (1) The instrument of conveyance transferring title to the |
5 | political subdivision is unencumbered by a restriction or |
6 | covenant recorded with the county office where deeds are |
7 | recorded prescribing the lands, buildings or public facilities |
8 | for public use. |
9 | (2) A restriction or covenant prescribing the lands, |
10 | buildings or public facilities for public use which is recorded |
11 | with the county office where deeds are recorded at, or |
12 | subsequent to, the time of purchase by the political subdivision |
13 | is duly released or removed as permitted by statute. if the | <-- |
14 | instrument of conveyance transferring title to the political if | <-- |
15 | any of the following apply: |
16 | (i) The instrument of conveyance transferring title to the |
17 | political subdivision is unencumbered by a restriction or |
18 | covenant recorded with the county office where deeds are |
19 | recorded prescribing the lands, buildings or public facilities |
20 | for public use unless the restriction or covenant prescribing | <-- |
21 | the lands, use. | <-- |
22 | (ii) A restriction or covenant prescribing the lands, |
23 | buildings or public facilities for public use which is recorded |
24 | with the county office where deeds are recorded at the time of |
25 | purchase, or subsequent to, by the political subdivision is duly |
26 | released or removed as permitted by statute. This section shall | <-- |
27 | released or removed as permitted by statute. | <-- |
28 | (2) This subsection shall not apply to public lands or |
29 | buildings conveyed to the political subdivision by a land trust. |
30 | (a.1) In the event a political subdivision seeks to convey |
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1 | public lands or buildings purchased by the political subdivision |
2 | and not subject to an encumbrance as provided in subsection (a), |
3 | the political subdivision shall publish notice of a public |
4 | hearing on the reconveyance of the public lands or buildings in |
5 | a newspaper of general circulation in the political subdivision |
6 | in which the public lands or buildings are situate not less than |
7 | thirty days prior to the date of the public hearing. No public |
8 | lands or buildings shall be reconveyed by a political |
9 | subdivision prior to the satisfaction of the notice and hearing |
10 | requirements imposed by this subsection. |
11 | (b) This act shall not apply to lands, buildings or public |
12 | facilities acquired by a political subdivision through |
13 | condemnation. |
14 | (c) Notwithstanding section 2, lands, buildings or public |
15 | facilities acquired by a political subdivision through purchase |
16 | or condemnation which are exempt under this section, if |
17 | dedicated to public use or not, shall not be deemed to be held |
18 | by the political subdivision in trust for the benefit of the |
19 | public and may be conveyed, sold, alienated or disposed of in | <-- |
20 | accordance with subsection (a.1) and as permitted by statute or, |
21 | in the case of condemnation, 26 Pa.C.S. (relating to eminent |
22 | domain). |
23 | (d) The act of June 22, 1964 (Sp.Sess., P.L.131, No.8), | <-- |
24 | known as the Project 70 Land Acquisition and Borrowing Act, |
25 | shall continue to apply to lands acquired pursuant to that act. |
26 | (d) (e) As used in this section, purchase shall include any | <-- |
27 | transaction in which monetary consideration in any amount was |
28 | paid by the political subdivision. |
29 | Section 2 3. This act shall take effect immediately. | <-- |
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