2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 27 - Railroads
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.