71 Pa. Stat. § 513

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 513 - Machinery, equipment, lands and buildings (Adm. Code Section 2003)

The Department of Transportation in accord with appropriations made by the General Assembly, and grants of funds from Federal, State, regional, local or private agencies, shall have the power, and its duty shall be:

(a) Subject to the limitations hereinbefore in this act contained, to purchase and maintain materials, supplies, and equipment, necessary for the construction and repair of highways and State-owned airports and to employ all labor necessary therefor;

(b) If necessary in order to expedite and more efficiently to carry out the work of the department, to purchase and maintain, at the expense of the department, vehicles, and aircraft;

(c) To purchase and acquire and lease lands, in the name of the Commonwealth, and situated anywhere therein, containing stone suitable for use in the construction or maintenance of highways, and to quarry and prepare the stone therein for use in the construction and maintenance of the State highways or State-aid highways, and to manufacture any other material used in the construction or maintenance thereof, and to use such stone and material so quarried, prepared, and manufactured, for such construction and maintenance, or to sell, furnish, and supply the same to contractors engaged in building or maintaining the State highways or State-aid highways, or to the townships for the construction and maintenance of roads and bridges, upon such terms and conditions, and for such price, as the department shall deem best for the interests of the Commonwealth;

(d) To erect such buildings, and purchase such machinery, as may be necessary or essential for the proper prosecution of the work of quarrying and preparing stone and manufacturing materials for use in the construction and maintenance of State highways and State-aid highways, and to employ all labor required for the operation thereof;

(e)

(1) To acquire, by gift, purchase, condemnation or otherwise, land in fee simple or such lesser estate or interest as it shall determine, in the name of the Commonwealth, for all transportation purposes, including marking, rebuilding, relocating, widening, reconstructing, repairing and maintaining State designated highways and other transportation facilities, and to erect on the land thus acquired such structures and facilities, including garages, storage sheds or other buildings, as shall be required for transportation purposes. Except for acquisitions for airport and airport-related purposes, land shall not be acquired for any capital project unless the project is itemized in an approved capital budget. Notwithstanding any other provision of this or any other act, when the department seeks to take by appropriation real property or an interest in real property which the department intends to use for other than operating right-of-way for facilities such as maintenance buildings and construction facilities and such real property or interest therein belongs to a railroad, the department shall show by clear and convincing evidence that the activity contemplated on the site proposed to be appropriated could not have been conducted economically at an alternate location. Notwithstanding anything to the contrary contained in this or any other act, the term "transportation purposes" as used herein shall include acquisitions for all airport and airport-related purposes, and the procedures of this act shall apply to all such acquisitions.

(2) In addition to land required for highways and other transportation facilities, the department may acquire:

(i) Landlocked parcels and other remainders except that remainders may be condemned only if department appraisals indicate that no substantial savings can be effected by acquiring only the land required for right-of-way purposes;

(a) Prior to condemning a remainder, other than a landlocked parcel, the department shall offer to review with the landowners its decision to acquire the remainder and the appraisal or appraisals on which the decision was based.

(b) Repealed by 2006, May 4, P.L. 112, No. 34, § 5(2), effective in 120 days [Sept. 1, 2006].

(ii) Land abutting a highway or other transportation facility if the secretary determines that such land has been or is likely to be adversely affected by reason of its proximity to such highway or other transportation facility, or is required for the purpose of mitigating adverse effects on other land adversely affected by its proximity to such highway or other transportation facility; and

(iii) The fee underlying any easement previously acquired by the department.

(3) Notwithstanding any inconsistent provisions in this or any other act, the provisions of section 306 restricting the condemnation of prime agricultural land shall be applicable to condemnation proceedings by the department.

(4) The secretary shall make payments in lieu of real estate taxes to the county, municipality and school district on excess remainders, landlocked parcels and any other land or improvements located outside of the right-of-way until such land shall be used for highway or other transportation purposes, or conveyed.

(5) Lands which are being used at the time of acquisition for productive agricultural purposes shall continue to be made available to the owner for such purposes until actually needed for the transportation project.

(6) In order to acquire land under this clause, a description or plan thereof shall be prepared, containing the names of the owners or reputed owners, an indication of the estate or interest to be acquired and such other information as the department shall deem necessary. Execution by the secretary of such description or plan shall constitute authority for the filing of a declaration of taking in accordance with the act of June 22, 1964 (Sp.Sess., P.L. 84, No. 6), known as the "Eminent Domain Code." The description or plan shall be filed as a public record in the department.

(7) Repealed by 2010, July 9, P.L. 454, No. 58, § 9(2), effective in 60 days [Sept. 7, 2010].

(8) If the department acquires lands for transportation purposes other than highways, the prohibition contained in section 2001.2 shall apply.

(9) The secretary shall have the power to promulgate such rules and regulations as he deems necessary to carry out the provisions of this clause.

(f) To rent State-owned equipment related to transportation used by the Department of Transportation to political subdivisions or instrumentalities of the Commonwealth or to any agency, bureau or department of the Federal Government, upon such terms as shall be established by the rules and regulations of the Department, with the approval of the Governor: Providing, however, That such equipment shall not be rented for periods exceeding three months, and to sell at cost to any agency, bureau or department of the Federal Government, any road or bridge building material for which the department may have no immediate need. Where the Department of Transportation cannot utilize or salvage any bridge or structure that is scheduled for demolition or dismantling, then the Department of Transportation shall declare the same surplus and turn the same over to the Department of Property and Supplies to dispose of such surplus material. In disposing of such material, the Department of Property and Supplies shall on behalf of the Commonwealth of Pennsylvania, sell same at public sale to the highest responsible bidder but only after giving first preference and priority to boards of township supervisors, boards of township commissioners, councils of boroughs and cities, and boards of county commissioners in the county within which the State highway or bridge is located to purchase said surplus at a scrap value less cost of removal, and second priority to similar boards, councils and municipalities of Pennsylvania in adjacent counties at scrap value less cost of removal.

The board, council or municipality so purchasing said scrap material shall be required to dismantle and remove scrap within the time period stipulated by the Department of Property and Supplies.

If more than one board, council or municipality having the same degree of priority as is herein provided shall request or offer to purchase said surplus material, the decision as to which board, council or municipality shall receive preference shall be made or determined by the Department of Transportation and the Department of Property and Supplies according to need.

In case such necessary dismantling and removal from said site is not complied with within a stipulated time limit, then the Department of Transportation shall have the right to dismantle such bridge or structure and dispose of said material, bridge or structure as per policies agreed to between the Departments of Transportation and Property and Supplies.

In the event that the board, council or municipality to whom such surplus was sold shall fail to remove and dismantle the structure within the time period so provided, such sale shall be voided, and the Department of Property and Supplies shall then be free to subject such surplus to sale anew in accordance with the provisions of this clause (f). In the event of such contingency, all purchase moneys paid over to the Commonwealth by the defaulting board, council or municipality shall be refunded by the Commonwealth.

All bridges or structures turned over to boards of township supervisors, boards of township commissioners, council of boroughs, towns or cities, or boards of county commissioners shall be used solely for construction, reconstruction, maintenance and repair of highway, street or road facilities in such political subdivisions.

(f.1) To cause to be displayed on every piece of road building equipment rented by the department a sign indicating such rental. The department shall furnish such sign in every case to the contractor operating the equipment and the sign shall be displayed by the contractor at all times the equipment is being operated on a State rental reimbursement cost.

(g) To make suitable arrangements for the operation, by persons, associations or corporations, of commissaries for employes of the department engaged in building roads at places remote from any place where board and lodging may be procured by such employes, and to deduct from the pay of such employes and pay to the persons, associations, or corporations operating such commissaries, the amount owing to them by such employes.

(h) To take and condemn rights-of-way over private property, as agent for the Federal Government, where such rights-of-way are not a part of the system of State highways and where satisfactory provisions for reimbursement for the expenses thereof by the Federal Government are made. Any such condemnation shall be under the same procedure as in the case of condemnation for State highways.

71 P.S. § 513

1929, April 9, P.L. 177, art. XX, § 2003. Amended 1943, May 21, P.L. 462, § 1; 1943, May 27, P.L. 738, § 1; 1961, Sept. 25, P.L. 1642, § 1; 1963, July 3, P.L. 191, § 1; 1967, Nov. 24, P.L. 547, § 1; 1970, May 6, P.L. 356, No. 120, § 14; 1979 , Dec. 7, P.L. 478, No. 100, § 3, imd. effective; 1992, Dec. 18, P.L. 1638, No. 180, § 4, imd. effective. Affected 2006, May 4, P.L. 112, No. 34, §5(2), effective in 120 days [ 9/1/2006]; 2010, July 9, P.L. 454, No. 58, §9(2), effective in 60 days [ 9/7/2010].