101 Pa. Code § 19.326

Current through Register Vol. 54, No. 44, November 2, 2024
Section 19.326 - Transfer of Project 70 land

AN ACT

Authorizing the Department of Environmental Resources, with the approval of the Governor, to transfer certain Project 70 lands in Fayette County to the Department of Transportation for a bridge project under certain conditions.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.
(a) Pursuant to the requirements of section 20(b) of the act of June 22, 1964 (Sp. Sess., P. L. 131, No. 8), known as the Project 70 Land Acquisition and Borrowing Act, the Department of Environmental Resources, with the approval of the Governor, is authorized to transfer the hereinafter described land in Stewart Township and the Borough of Ohiopyle, Fayette County, Pennsylvania, to the Department of Transportation for a right-of-way for construction of Project L.R. 636, Section B08, to build a bridge over the Youghiogheny River.
(b) The land shall be free of the restrictions on use and alienation prescribed by section 20 of the Project 70 Land Acquisition and Borrowing Act, upon:
(1) reimbursement of the Project 70 Land Acquisition Fund or the Project 70 Land Acquisition Sinking Fund by the Department of Transportation from moneys in the Motor License Fund in an amount equal to the funds advanced by the Commonwealth for the purchase of the land under the Project 70 Land Acquisition and Borrowing Act; and
(2) the execution and filing of a document of release citing such reimbursement and release of the land from the restrictions on use and alienation prescribed by section 20(b) of the act.
(c) The document of release shall, upon such reimbursement, be prepared in the manner provided by law and filed in the office of the recorder of deeds of the county in which the land is located. The reimbursement shall be paid by the State Treasurer into the Project 70 Land Acquisition Fund if the fund is still active or, if that is not the case, into the Project 70 Land Acquisition Sinking Fund. Compliance with this subsection constitutes the express approval of the General Assembly of the release of the restrictions on the use or alienation of lands acquired by the Department of Transportation required by section 20(b) of the act.
Section 2. The land and right-of-way to be transferred by the Department of Environmental Resources to the Department of Transportation described as follows:

PROJECT DESCRIPTION

Project L.R. 636, Section B08, beginning at a point on existing L.R. 636, Traffic Route 381, in Stewart Township, approximately 275 feet northeast of the Stewart Township, Ohiopyle Borough Line, thence in a southerly direction, spanning the Youghiogheny River just west (down stream) of the existing structure, crossing beneath the tracks of the Western Maryland Railroad, and terminating by connecting to existing L.R. 366, Traffic Route 381, at Lincoln Street in the Borough of Ohiopyle, Fayette County, a distance of approximately 0.43 mile.

RIGHT-OF-WAY DESCRIPTION

The right-of-way required for the above project is about 6.5 acres, having a maximum width of 310 feet, more or less. The acquisition occurs approximately between S.L.D. Station 338+35 and S.L.D. Station 366+75.

Section 3. This act shall take effect immediately.

101 Pa. Code § 19.326