Section 5011 - Utility rights of way; underground gas storage(a) The ownership by the Commonwealth or a local government unit of an open space property interest shall not preclude the acquisition, by lease, purchase, or eminent domain, and use of rights of way or underground gas storage rights in such property by a public utility or other body entitled to exercise the power of eminent domain. In the case of an acquisition from the Commonwealth by a body other than a public utility, such acquisition shall occur only if the State Planning Board, after public hearing with notice to the Department of Conservation and Natural Resources or the Department of Agriculture, as the case may be, shall approve such acquisition. In the case of an acquisition from a local government unit by a body other than a public utility, such acquisition shall occur only if the governing body, after public hearing with notice to the public, shall approve such acquisition. In the case of an acquisition from the Commonwealth or a local government unit by a public utility, such acquisition shall occur only if the Pennsylvania Public Utility Commission, after public hearing with notice to the Department of Conservation and Natural Resources, the Department of Agriculture or the local government unit, as the case may be, shall find that such acquisition and use are necessary or proper for the service, accommodation, convenience or safety of the public.(b)(1) Notice of public hearing given in accordance with subsection (a) shall include a statement of the purpose of the public hearing and the date, time and place of the public hearing.(2) In the case of notice to the appropriate department or local government unit as specified in subsection (a), the notice shall be sent by United States First Class Mail at least twenty days prior to the hearing.(3) In all cases where a public hearing is to be held in accordance with subsection (a), notice to the public shall be given by publication one time at least twenty days prior to the hearing, in a newspaper of general circulation in the area where the open space land is located and written notice shall be conspicuously posted at points deemed sufficient by the body conducting the public hearing to notify potentially interested citizens. The affected open space tract shall be posted at least ten days prior to the hearing.1968, Jan. 19, P.L. (1967) 992, § 11. Amended 1996, Dec. 18, P.L. 994, No. 153, § 5, imd. effective.