Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 19 - FORMS › Subchapter A - STRUCTURE AND STYLE OF STATUTES › STRUCTURE OF STATUTE › Section 19.12 - Original statute with short title, etc

Current through Register Vol. 54, No. 28, July 13, 2024
AN ACT
Authorizing entities vested with the power of eminent
						  domain to acquire replacement housing, to exercise their power of eminent
						  domain therefor and to encourage and facilitate construction or rehabilitation
						  of replacement housing by making loans and grants for planning and obtaining
						  mortgage financing.
The General Assembly of the Commonwealth of
						  Pennsylvania hereby enacts as follows:
Section
						1. Short Title.
This act shall be known and may be cited as the Housing
						  Replacement Authorization Act.
Section
						2. Definitions.
The following words and phrases when used in this act
						  shall have the meanings given to them in this section unless the context
						  clearly indicates otherwise:
"Acquiring agency." An entity vested by statute with
						  the power of eminent domain.
"Displaced person." A condemnee or other person not
						  illegally in occupancy of real property who moves or moves his personal
						  property as a result of the acquisition for a program or project of such real
						  property, in whole or in part, or as the result of written notice from the
						  acquiring agency of intent to acquire or order to vacate such real
						  property.
"Program or project." A program or project undertaken
						  by or for an acquiring agency as to which it has the authority to exercise the
						  power of eminent domain.
Section
						3. Housing replacements by acquiring agency as last resort.
(a) General rule.-If comparable replacement
						sale or rental housing is not available in the neighborhood or community in
						which a program or project is located and the housing cannot otherwise be made
						available, as so certified by the county commissioners or, in cities of the
						first class, by the city council, the acquiring agency may purchase, construct,
						reconstruct or otherwise provide replacement housing by use of funds authorized
						for the program or project and for that purpose may exercise its power of
						eminent domain to acquire property in fee simple or any lesser estate as it
						deems advisable.
(b)
						Disposition.-Replacement housing provided under this act may be sold, leased,
						or otherwise disposed of by the acquiring agency, with or without
						consideration, to displaced persons or to nonprofit, limited dividend or
						cooperative organizations or public bodies, on such terms and conditions as the
						acquiring agency deems necessary and proper to effect the relocation of persons
						displaced by a program or project.
(c) Contracts.-The acquiring agency may
						contact with other public agencies, private individuals, partnerships,
						corporations and unincorporated associations for the financing, planning,
						acquisition, development, construction, management, sale, lease or other
						disposition of replacement housing provided under this act.