32 P.S. § 5010 Termination Or Disposition of Open Space Property Interests

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-27
• Year: 2023
• Citation: 32 P.S. § 5010

(a) If the Commonwealth, through either the Department of Conservation and Natural Resources or the Department of Agriculture with the approval of the State Planning Board, or a county or county authority with the approval of its County Planning Commission, determines that it is essential for the orderly development of an area to terminate or sell open space property interests acquired under this act other than property held in fee simple, the Commonwealth or the county or county authority shall offer to transfer to the original property owner from whom said property interests other than fee simple were acquired, or his estate if the original property owner, or his estate, is the current property owner, said property interests at a price which shall be equal to the price paid by the Commonwealth or the county or county authority to the original property owner for said interests; and, if said offer is not accepted within ninety days, the Commonwealth or the county or county authority shall then sell the open space property interests at public sale in the manner provided by law. In the case of the Commonwealth, such transfer or sale may be made without specific authority of the General Assembly, and shall be through the Department of General Services at public sale in the manner provided by law.

(b) If the local government unit, excluding counties and county authorities, with the approval of the planning commission serving the municipality in which the real property is located, determines that it is essential for the orderly development of an area to terminate or sell open space property interests acquired under this act other than property held in fee simple, the local government unit shall offer to transfer to the original property owner from whom said open space property interests other than fee simple were acquired, or his estate if the original property owner or his estate is the current property owner, said property interests at a price which shall be equal to the price paid by the local government unit to the original property owner for said interests. If the local government unit's offer is not accepted within ninety days, the local government unit shall then sell the open space property interests at public sale in the manner provided by law. Before any open space property interests are disposed of by a local government unit, the officials of the local government unit must first put the question to its electorate at the time and place of any general, municipal or primary election to determine if a majority of the voters participating in said election assent to the proposed disposition of the specific open space property interests.