Pennsylvania Act 1921-194 — STATE FOREST LANDS, SALES OR EXCHANGE

Act text

STATE FOREST LANDS, SALES OR EXCHANGE
                  Act of May 5, 1921, P.L. 418, No. 194               Cl. 32
                                  AN ACT

     Authorizing the State Forest Commission to exchange or sell
        certain portions of the State forest land, and providing for
        the procedure.

        Compiler's Note:  Section 302(h) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the State Forest Commission by Act 194 of 1921.
        Section 1.  Be it enacted, &c., That whenever the State
     Forest Commission shall determine and declare, by a resolution
     adopted unanimously at a meeting when a majority of its members
     are present and voting and approved by the Governor, that it
     will be to the advantage of the State forest interests, said
     State Forest Commission may, by such resolution so approved,
     authorize either of the following actions to be taken:
        (a)  That, after such public hearing as the State Forest
     Commission may prescribe, any State forest land, together with
     the buildings, improvements, and appurtenances thereof, may be
     exchanged for privately owned land of equal or greater value and
     at least equally adapted to State forest purposes.
        (b)  That, after the advertisement provided for in section
     five hereof, any State forest land, together with the buildings,
     improvements and appurtenances thereof, declared by said
     resolution to be more valuable for other use than for State
     forest purposes and not needed for use in the administration and
     protection of the State forests, may be sold to the party or
     parties offering the highest price therefor.
        Section 2.  Upon the adoption of any such resolution, the
     Attorney General shall prepare the necessary deed or deeds to
     consummate the exchange or sale provided for and authorized in
     section one hereof, and the Governor of the Commonwealth is
     hereby authorized to execute such deed or deeds for and on
     behalf of the Commonwealth of Pennsylvania, and affix thereto
     the seal of the Commonwealth, all to the intent and effect that
     the title of the State forest land, together with its buildings,
     improvements, and appurtenances thus exchanged or sold, may be
     vested in the party or parties entitled thereto pursuant to the
     resolution of the State Forest Commission, but in case of sale
     no deed shall be delivered until the purchase price shall have
     been paid in full.
        Section 3.  Before the exchange of lands pursuant to section
     one hereof, the Attorney General shall examine and approve the
     title of the privately owned lands to be received in exchange,
     and the deed or deeds from the Commonwealth of Pennsylvania
     shall be delivered only when a sufficient deed or deeds to the
     Commonwealth of Pennsylvania for the land to be received by the
     State shall have been approved by the Attorney General, and
     delivered; and, immediately upon the execution, acknowledgment,
     approval, and delivery of the deeds to the Commonwealth of
     Pennsylvania, the lands thus granted shall become and be a part
     of the State forests, subject to all the laws and rules
     governing the State forest lands.
        Section 4.  All receipts from the sale of any State forest
     land shall be deposited in the treasury, and said receipts shall
     be, and are hereby, appropriated and made available until
     expended for use, separately or in conjunction with any other
     appropriations, for the acquisition of land for State forest
     purposes.
        Section 5.  Before the sale of any State forest land under
     the power granted by this act, the State Forest Commission shall
     advertise such proposed sale, at least once each week for three
     successive weeks, in at least two newspapers published within
     the State, one of which shall be published in the city or town
     nearest the land to be sold.