Section 3946.17 - Manner of acquisition(a) Lands to be acquired by the Commonwealth for recreation, conservation or historical purposes in any county, shall be approved by the Department of Forests and Waters and acquired by purchase agreement or by eminent domain proceedings in the manner provided by applicable provisions of law which may govern land acquisitions by the Department of Forests and Waters. After approval of the acquisition of land for recreation, conservation or historical purposes by the Department of Forests and Waters, the land shall not be acquired until a public hearing is held in the county where the land is situate, at which hearing the department shall set forth the area to be taken and its proposed use. If the land is located in more than one county such hearing shall be held in the county wherein the majority of the land is situate. Notice of the public hearing shall be given at least two weeks before in a newspaper of general circulation in the county, or in the case of land located in more than one county, in a newspaper of general circulation in each county. When the land to be acquired is situate in a development county, the acquisition shall be first approved by the township supervisors, township commissioners, or borough council and the court of common pleas of the county where the land is situate. The moneys allocated for such purposes shall be paid by the State Treasurer on the audit and warrant of the Auditor General on the requisition of the Secretary of Forests and Waters.(b) Lands to be acquired by the Commonwealth in any county, for the conservation and propagation of game threatened by development in urban areas and for other wildlife conservation and recreation purposes, shall be approved by the Pennsylvania Game Commission and shall be acquired by purchase agreement or by eminent domain proceedings in the manner provided by applicable provisions of law which may govern land acquisitions by the Pennsylvania Game Commission, except that any limitation upon the amount which the Pennsylvania Game Commission may pay for lands shall not apply to any purchase made with moneys provided under this act. When the land to be acquired is situate in a development county, the acquisition shall be first approved by the township supervisors, township commissioners, or borough council and the court of common pleas of the county where the land is situate. The moneys appropriated for such purposes shall be paid by the State Treasurer on the audit and warrant of the Auditor General on the requisition of the Executive Director of the Pennsylvania Game Commission.(c) Lands to be acquired by the Commonwealth in any county for the conservation and propagation of fish and other aquatic life and for access sites on lakes and waterways for fishing and boating purposes shall be approved by the Pennsylvania Fish Commission and shall be acquired by purchase agreement or by eminent domain proceedings in the manner provided by applicable provisions of law which may govern land acquisitions by the Pennsylvania Fish Commission. The moneys appropriated for such purposes, shall be paid by the State Treasurer on the audit and warrant of the Auditor General on the requisition of the Executive Director of the Pennsylvania Fish Commission.(d) Lands to be acquired for recreation, conservation and historical purposes by a political subdivision shall be first approved by the governing body of said political subdivision at which time application shall be made by said governing body to the Bureau of Community Development in the Department of Commerce, Commonwealth of Pennsylvania, for approval of state aid pursuant to clause (4) of subsection (a) of section 16 of this act. In connection with its duties under the act, the Department of Commerce is hereby empowered to make studies to determine the needs for land for recreation, conservation and historical purposes in the various communities of the Commonwealth, or the advisability of granting state aid. The Bureau of Community Development, after approval, shall forward such application to the Department of Forests and Waters. Such lands shall be acquired by the political subdivision by purchase agreement or by eminent domain proceedings in the manner provided by applicable provisions of law which may govern land acquisitions for such purposes by such political subdivision. The Commonwealth's share of the cost of such lands shall be paid by the State Treasurer on the audit and warrant of the Auditor General on the requisition of the Secretary of Forests and Waters.(e) Whenever lands to be acquired for recreation or conservation purposes have historic landmarks on or near them, the Historical and Museum Commission shall be consulted relative to the need for and the desirability of acquiring or preserving said historic landmark.(f) Whenever the whole or any part of the right of way of a public utility or a company under the jurisdiction of the Federal Power Commission is acquired by eminent domain under the provisions of this act, the condemnor shall, at its own expense, provide a substitute right of way on another and favorable location. Such public utility or a company under the jurisdiction of the Federal Power Commission shall thereupon provide for the transfer to, or reconstruction upon, in, under or above said substitute right of way of any structures and facilities of said public utility or a company under the jurisdiction of the Federal Power Commission located upon, in, under or above said original right of way at the time the same is so acquired. The condemnor is hereby authorized to enter into agreements with such public utility or a company under the jurisdiction of the Federal Power Commission to contribute toward the expense of such transfer or reconstruction, and in the event that they are unable to agree on the amount to be paid, the matter shall be referred to the Pennsylvania Public Utility Commission which shall, after hearing thereon, make a finding and order of the amount to be paid to such public utility or a company under the jurisdiction of the Federal Power Commission by the condemnor. In case of failure of such public utility or a company under the jurisdiction of the Federal Power Commission within a reasonable time, after notice so to do, to remove its facilities to such substitute right of way, the Pennsylvania Public Utility Commission shall have jurisdiction on petition of the condemnor to order such transfer or reconstruction. Any party to such proceedings shall have the right of appeal from the finding and order of the Pennsylvania Public Utility Commission. The condemnor is hereby authorized to acquire by purchase, or by the exercise of the power of eminent domain, any necessary land or right of way for the relocation of any such public utility or a company under the jurisdiction of the Federal Power Commission right of way and facilities. The substitute right of way thus acquired shall be equal in estate to the original right of way acquired from the public utility or a company under the jurisdiction of the Federal Power Commission, and the condemnor shall deliver to the public utility or a company under the jurisdiction of the Federal Power Commission a deed, duly executed and acknowledged, conveying to it an estate in the substitute right of way at least equal to that owned by the public utility or a company under the jurisdiction of the Federal Power Commission in the original right of way, or if such substitute right of way is to be acquired by purchase, the condemnor shall procure and deliver to the public utility or a company under the jurisdiction of the Federal Power Commission a deed conveying such estate to it from the owner of the land on which such substitute right of way is located. The performance by the condemnor of the duties imposed by this subsection (f) shall be in lieu of all other compensation to the public utility for the taking of the original right of way by the condemnor. This subsection (f) shall have no application to the relocation of public utility or a company under the jurisdiction of the Federal Power Commission facilities located in the beds of public streets, roads or highways.(g) All proposals for the acquisition of lands under the provisions of this act shall be submitted to the State Planning Board for its review and approval, prior to final approval by the Governor. For purposes of review and approval of such proposals, the Secretary of Agriculture shall be a voting member of the State Planning Board.1964, Special Sess., June 22, P.L. 131, No. 8, § 17.