PRIA, Government Policy, Made Personal

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.