SB 236 — An Act authorizing the Department of General Services, with the approval of the Department of Conservation and Natural Resources and the Governor, to grant and convey to the White Birch Golf Course and Restaurant, certain lands situate in Rush Township, Schuylkill County.

PRINTER'S NO.   189

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       SENATE BILL
                       No. 236
                                              Session of
                                                2025

     INTRODUCED BY ARGALL AND HUTCHINSON, FEBRUARY 4, 2025

     REFERRED TO STATE GOVERNMENT, FEBRUARY 4, 2025


                                   AN ACT
 1   Authorizing the Department of General Services, with the
 2      approval of the Department of Conservation and Natural
 3      Resources and the Governor, to grant and convey to the White
 4      Birch Golf Course and Restaurant, certain lands situate in
 5      Rush Township, Schuylkill County.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8   Section 1.   Conveyance in Rush Township, Schuylkill County.
 9      (a)   Authorization.--The Department of General Services, with
10   the approval of the Department of Conservation and Natural
11   Resources and the Governor, is authorized on behalf of the
12   Commonwealth of Pennsylvania to grant and convey to the White
13   Birch Golf Course and Restaurant certain lands situate in Rush
14   Township, Schuylkill County. The purchase price shall be $1. Any
15   conveyance under this act shall be made under terms and
16   conditions to be established in an agreement of sale.
17      (b)   Property description.--The lands to be conveyed under
18   subsection (a) consist of certain State park land located in
19   Tuscarora State Park in Rush Township, Schuylkill County, having
20   a length of approximately 500 feet and a width of approximately
 1   100 feet, together with improvements thereon, used historically
 2   as a customer parking lot for the White Birch Golf Course and
 3   Restaurant and described in Land Use Agreement Number UA-101
 4   made June 13, 1989, by and between the Bureau of State Parks and
 5   the White Birch Golf Course, Inc.
 6      (c)   Existing encumbrances.--The conveyance authorized by
 7   this section shall be made under and subject to existing
 8   encroachments, all lawful and enforceable easements, servitudes
 9   and rights of others, including, but not confined to, streets,
10   roadways and rights of any telephone, telegraph, water,
11   electric, gas or pipeline companies, as well as under and
12   subject to any lawful and enforceable estates or tenancies
13   vested in third persons appearing of record, for any portion of
14   the land or improvements erected thereon.
15      (d)   Condition.--The conveyance authorized by this section
16   shall be made under and subject to the condition, which shall be
17   contained in the deed of conveyance, that no portion of the
18   property conveyed shall be used as a licensed facility, as the
19   term is defined in 4 Pa.C.S. § 1103 (relating to definitions),
20   or any other similar type of facility authorized under State
21   law. The condition shall be a covenant running with the land and
22   shall be binding upon the grantee and the heirs and assigns of
23   the grantee. If the grantee or the heirs or assigns of the
24   grantee permit any portion of the property authorized to be
25   conveyed in this section to be used in violation of this
26   subsection, the title shall immediately revert to and revest in
27   the grantor.
28      (e)   Easements.--
29            (1)   The Secretary of General Services may retain any
30      easement from the property to be conveyed in accordance with

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 1      this section as the Secretary of General Services deems
 2      necessary or appropriate.
 3            (2)   The Secretary of General Services may grant any
 4      future easement to benefit the property to be conveyed in
 5      accordance with this section, as agreed to between the
 6      property owner and the Department of General Services.
 7      (f)   Costs and fees.--Costs and fees incidental to this
 8   conveyance shall be borne by the grantee.
 9      (g)   Time for conveyance and alternate disposition.--If the
10   conveyance authorized by this section is not executed within two
11   years after the effective date of this subsection, the property
12   may be disposed of in accordance with section 2405-A of the act
13   of April 9, 1929 (P.L.177, No.175), known as The Administrative
14   Code of 1929.
15      (h)   Proceeds.--The proceeds from the conveyance authorized
16   in this section shall be deposited into a fund under the
17   jurisdiction of, and as prescribed by, the Department of
18   Conservation and Natural Resources.
19   Section 2.     Effective date.
20      This act shall take effect immediately.




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