Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 5614 - Acquisition of land(a) Acquisition.-- The department is authorized to acquire pursuant to sections 1902-A and 1906-A of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, fee simple absolute title or any lesser interest in land, including easements and leaseholds, for the development purposes of the Pennsylvania Rails to Trails Program as provided in this section.(b) Abandoned railroads.--The department is authorized to participate in abandonment proceedings with the Interstate Commerce Commission for the purposes of acquiring available railroad rights-of-way for use as interim trails or railbanking as set forth in section 8(d) of the National Trails System Act ( Public Law 90-543, 16 U.S.C. § 1247(d) ).(c) Acceptance of title.--For purposes of the Pennsylvania Rails to Trails Program, the department, counties or municipalities may by gift or purchase: (1) Accept title, including nonmarketable title, to available railroad rights-of-way and to any areas abutting the rights-of-way which are needed for the construction of trail-user support facilities.(2) Accept title to available railroad rights-of-way conveyed by quitclaim deed or warranty deed.(d) Easements over land acquired.--Easements and rights-of-way upon, over, under, across or along any land, the fee title of which has been acquired by the department, may be granted by the department so long as the use of the easement or right-of-way does not interfere with the purposes of this act.(e) Transfer of trails to local governmental agencies.--The department may transfer its interest in any recreational trail or portion thereof to a local governmental agency or agencies having jurisdiction over the area in which the recreational trail is located for recreational purposes in a manner consistent with department rules and regulations.1990, Dec. 18, P.L. 748, No. 188, § 4, effective in 90 days.