[at-l] PA House Bill 1281

[Russ Drake]

For those in PA that want to read the House Bill.... Here it is!  The link to this is  http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2007&sessInd=0&billBody=H&billTyp=B&billNbr=1281&pn=1834
   
  V/R
  
Russ
   
   
   
   
  PRIOR PRINTER'S NO. 1542                      PRINTER'S NO. 1834

    
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  THE GENERAL ASSEMBLY OF PENNSYLVANIA   
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    HOUSE BILL   No. 1281 Session of 2007   
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        INTRODUCED BY FREEMAN, ARGALL, BARRAR, COHEN, FABRIZIO, GEIST,             GINGRICH, GOODMAN, GRUCELA, HARHAI, HARPER, HENNESSEY,             HERSHEY, JAMES, JOSEPHS, KORTZ, LEACH, LEVDANSKY, MAHONEY,             MANN, MUNDY, MURT, MYERS, O'NEILL, SANTONI, SAYLOR, SCAVELLO,             SCHRODER, McILVAINE SMITH, K. SMITH, STABACK, WALKO,             WOJNAROSKI, YOUNGBLOOD AND YUDICHAK, MAY 8, 2007  
  
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        AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF             REPRESENTATIVES, AS AMENDED, JUNE 5, 2007  
  
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                                     AN ACT         1  Amending the act of April 28, 1978 (P.L.87, No.41), entitled "An       2     act authorizing the Commonwealth of Pennsylvania, through the       3     Department of Environmental Resources, to enter into such       4     agreements and to acquire such interest as may be necessary       5     to establish, protect and maintain the Appalachian Trail, and       6     providing for the establishment, protection and maintenance       7     of such trail," further providing for actions by       8     municipalities and their powers and duties; AND MAKING         <--       9     EDITORIAL CHANGES.        10     The General Assembly of the Commonwealth of Pennsylvania      11  hereby enacts as follows:      12     Section 1.  Section 4 of the act of April 28, 1978 (P.L.87,    <--      13  No.41), known as the Pennsylvania Appalachian Trail Act, is      14  amended to read:      15     SECTION 1.  THE TITLE AND SECTIONS 3(A) AND
 4 OF THE ACT OF    <--      16  APRIL 28, 1978 (P.L.87, NO.41), KNOWN AS THE PENNSYLVANIA      17  APPALACHIAN TRAIL ACT, ARE AMENDED TO READ:      18                               AN ACT      19  AUTHORIZING THE COMMONWEALTH OF PENNSYLVANIA, THROUGH THE  
  
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     1     DEPARTMENT OF [ENVIRONMENTAL] CONSERVATION AND NATURAL       2     RESOURCES, TO ENTER INTO SUCH AGREEMENTS AND TO ACQUIRE SUCH       3     INTEREST AS MAY BE NECESSARY TO ESTABLISH, PROTECT AND       4     MAINTAIN THE APPALACHIAN TRAIL, AND PROVIDING FOR THE       5     ESTABLISHMENT, PROTECTION AND MAINTENANCE OF SUCH TRAIL.       6  SECTION 3.  POWERS OF DEPARTMENT.       7     (A)  THE COMMONWEALTH OF PENNSYLVANIA, THROUGH THE DEPARTMENT       8  OF [ENVIRONMENTAL] CONSERVATION AND NATURAL RESOURCES,       9  HEREINAFTER REFERRED TO AS THE DEPARTMENT, IS AUTHORIZED      10  INDEPENDENT OF ANY ACTION BY A MUNICIPALITY UNDER SECTION 4 TO      11  ENTER INTO WRITTEN COOPERATIVE AGREEMENTS WITH POLITICAL      12  SUBDIVISIONS, LANDOWNERS, PRIVATE ORGANIZATIONS AND INDIVIDUALS      13  AND TO ACQUIRE BY AGREEMENT, GIFT, EMINENT DOMAIN OR PURCHASE,      14  LAND, RIGHTS-OF-WAY AND EASEMENTS FOR THE PURPOSE OF      15  ESTABLISHING, PROTECTING AND MAINTAINING A
 WALKING TRAIL RIGHT-      16  OF-WAY ACROSS THIS COMMONWEALTH, NOW GENERALLY KNOWN AS THE      17  APPALACHIAN TRAIL, UNDER SUCH TERMS AND CONDITIONS, INCLUDING      18  PAYMENT BY THE DEPARTMENT IN LIEU OF PROPERTY TAXES ON TRAIL      19  LANDS OR PROPERTY SO ACQUIRED OR SUBJECT TO SUCH USE IN      20  ACCORDANCE WITH THE ACT OF MAY 17, 1929 (P.L.1798, NO.591)      21  REFERRED TO AS THE FOREST RESERVES MUNICIPAL FINANCIAL RELIEF      22  LAW, AS SHALL PROTECT THE INTERESTS OF THE ACTUAL OR ADJACENT      23  LANDOWNERS, OR LAND USERS AND AS SHALL FURTHER THE PURPOSES OF      24  THIS ACT. IN THE EVENT OF ACQUISITION BY EMINENT DOMAIN OF LAND      25  OTHER THAN TILLABLE FARMLAND, THE TOTAL AMOUNT OF LAND SO      26  ACQUIRED SHALL NOT EXCEED AN AVERAGE OF 125 ACRES PER MILE OF      27  TRAIL; AND IN THE EVENT OF ACQUISITION BY EMINENT DOMAIN OF      28  TILLABLE FARMLAND, SUCH ACQUISITION OF SUCH LAND SHALL BE      29  LIMITED TO A FOOTPATH WITH A WIDTH OF NOT MORE THAN
 25 FEET      30  ACROSS SUCH LAND UNTIL THE OWNER OF SUCH LAND EVIDENCES PLANS TO      20070H1281B1834                  - 2 -       
  
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     1  CONVERT THE LAND TO NONFARMING USE. ANY DEPARTMENT OR AGENCY OF       2  THE COMMONWEALTH, OR ANY POLITICAL SUBDIVISION, MAY TRANSFER TO       3  THE DEPARTMENT LAND OR RIGHTS IN LAND FOR THESE PURPOSES, ON       4  TERMS AND CONDITIONS AS AGREED UPON, OR MAY ENTER INTO AN       5  AGREEMENT WITH THE DEPARTMENT PROVIDING FOR THE ESTABLISHMENT       6  AND PROTECTION OF THE TRAIL.       7     * * *       8  Section 4.  Municipalities; powers and duties.       9     Political subdivisions, including municipalities as defined      10  in the Pennsylvania Municipalities Planning Code, through which      11  the Appalachian Trail passes shall have the power and their duty      12  shall be to take such action consistent with applicable law, as      13  at least an interim measure, to preserve the natural, scenic,      14  historic and esthetic values of the trail and to conserve and      15  maintain it as a public natural resource. Such action shall      16  include,
 but not be limited to, the adoption, implementation and      17  enforcement of zoning ordinances and subdivision and land      18  development ordinances as necessary to preserve those values.      19  Such municipalities may act hereunder in that section of the      20  municipality through which the Appalachian Trail passes without      21  zoning the entire municipality as required under section 605 of      22  the Pennsylvania Municipalities Planning Code.      23     Section 2.  This act shall take effect in 60 days.        

 
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