Section 1381.3 - Sale of land(a) Authorization. --Notwithstanding the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, the department, in accordance with appropriations and grants of funds from Federal, State, regional, local or private agencies and subject to subsection (b), in the exercise of its powers and duties, may sell at public sale land acquired by the department if the secretary determines that the land is not needed for present or future transportation purposes.(b) Conditions.--The following apply to a sale under subsection (a): (1) If the land is improved, all of the following subparagraphs apply:(i) The land must first be offered at its fair market value as determined by the department to other public agencies which demonstrate a public purpose for the land, including, but not limited to, the preservation of open space.(ii) If the land is not transferred to a public agency, all of the following clauses apply: (A) If the land is occupied by a tenant, the land must be offered to the tenant:(I) except as set forth in subclause (II), at its fair market value as determined by the department; or(II) if the tenant is the person from whom the department acquired the land, at the acquisition price, less costs, expenses and reasonable attorney fees incurred by the person as a result of the acquisition of the land by the department.(B) If the land is not occupied by a tenant and the person from whom the department acquired the land did not receive a replacement housing payment under 26 Pa.C.S. § 903 (relating to replacement housing for homeowners) or under former section 304.3 of the act of June 1, 1945 (P.L. 1242, No. 428), known as the State Highway Law, the land must first be offered to that person at the acquisition price, less costs, expenses and reasonable attorney fees incurred by the person as a result of the acquisition of the land by the department.(2) If the land is unimproved, all of the following subparagraphs apply:(i) The land must be offered at its fair market value as determined by the department to other public agencies which demonstrate a public purpose for the land, including, but not limited to, the preservation of open space.(ii) If the land is not transferred to a public agency, the following apply:(A) Except as set forth in clause (B), the land must be offered to the person from whom it was acquired at its acquisition price, less costs, expenses and reasonable attorney fees incurred by the person as a result of the acquisition of the land by the department if the person still retains title to land abutting the land to be sold.(B) If the land abutting the land to be sold has been conveyed to another person, the land to be sold must be offered to that person at its fair market value as determined by the department.(3) For an offer under paragraph (1) or (2), all of the following apply:(i) except as set forth in subparagraph (ii), notice must be sent by certified mail;(ii) if notice cannot be effected under subparagraph (i), notice must be effected in the manner required for an in rem proceeding; or(iii) the offeree must have 120 days after receipt of notice to accept the offer in writing.(c) Proceeds.--Proceeds from a sale of land acquired with money from the fund shall be deposited into the fund.2010, July 9, P.L. 454, No. 58, §3, effective in 60 days [ 9/7/2010].