Pennsylvania § 2709 - Disposition of real property by public utility engaged in railroad business.

§ 2709. Disposition of real property by public utility engaged in railroad business.

(a) Notice.--Before a public utility engaged in a railroad business disposes of real property previously used as a roadbed right-of-way, it must notify the county, city, borough, incorporated town or township in which the real property is located, and it must notify the Department of Transportation, the Pennsylvania Game Commission, the Pennsylvania Fish and Boat Commission and the Department of Environmental Resources. Notifications shall be in writing.

(b) Procedure after notice.--

(1) If a municipality or any authority created by a municipality or group of municipalities makes an offer to purchase the real property within 60 days of receiving notice under subsection (a), the public utility shall accept or reject the offer.

(2) If a municipality or any authority created by a municipality or group of municipalities does not make an offer to purchase the real property within 60 days of receiving notice under subsection (a) or if the public utility rejects the offer of a municipality, the administrative agencies specified in subsection (a) have 60 days to decide on making an offer for the real property. If an administrative agency makes an offer under this paragraph, the public utility shall consider the offer and make a decision on the offer before making other disposition of the property. If more than one administrative agency makes an offer, the public utility shall consider the offers in the following order: the Department of Transportation, the Department of Environmental Resources, the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission.

(c) Violation.--If a public utility engaged in a railroad business disposes of real property previously used as a roadbed right-of-way without complying with this section, the disposition is voidable.

(d) Compliance.--The notification requirements of this section shall be deemed to have been complied with if the executed, notarized and recorded deed conveying the property contains a recital affirming that the notifications required under this section were made. A copy of each notice shall be appended to the deed when it is recorded.

(Nov. 29, 1990, P.L.600, No.151, eff. 60 days; Mar. 19, 1992, P.L.18, No.7, eff. imd.)

1992 Amendment. Act 7 amended subsecs. (a) and (b).

1990 Amendment. Act 151 added section 2709.

Transfer of Powers. Section 304(c) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Department of Conservation and Natural Resources shall exercise the powers and duties conferred upon the Department of Environmental Resources by section 2709 as added by Act 151 of 1990.