PRIOR PRINTER'S NO. 3146
PRINTER'S NO. 3495
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
Session of
INTRODUCED BY CUTLER, DePASQUALE, DENLINGER, BOYD, CLYMER, GEIST, HICKERNELL, HORNAMAN, MILLER, MOUL, PYLE, SWANGER, TOOHIL, TRUITT, VULAKOVICH, BRIGGS, CREIGHTON AND MILNE, FEBRUARY 29, 2012
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 8, 2012
Amending the act of December 15, 1959 (P.L.1772, No.670),
entitled "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," further providing for purchase or
condemnation of property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6 of the act of December 15, 1959
(P.L.1772, No.670), entitled "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," is amended to read:
Section 6. (a) 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.] if any of the following apply:
(1) The instrument of conveyance transferring title to the
political subdivision is unencumbered by a restriction or
covenant of record recorded with the county office where deeds
are recorded prescribing the lands, buildings or public
facilities for public use.
(2) A restriction or covenant prescribing the lands,
buildings or public facilities for public use which is placed of
record recorded with the county office where deeds are recorded
at, or subsequent to, the time of purchase by the political
subdivision is duly released or removed as permitted by statute.
(b) This act shall not apply to lands, buildings or public
facilities acquired by a political subdivision through
condemnation.
(c) Notwithstanding section 2, exempt lands, buildings or
public facilities acquired by a political subdivision through
purchase or condemnation which are exempt under this section, if
subsequently dedicated to public use or not, shall not be deemed
to be held by the political subdivision in trust for the benefit
of the public and may be conveyed, sold, alienated or disposed
of as permitted under the Pennsylvania Code by statute or, in
the case of condemnation, 26 Pa.C.S. (relating to eminent
domain).
(d) As used in this section, purchase shall include any
transaction in which monetary consideration in any amount was
paid by the political subdivision.
20120HB2224PN3495
Section 2. This act shall take effect in 60 days