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Title to historic property - 37 Pa. Cons. Stat. § 701

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                                CHAPTER 7
                           HISTORIC PROPERTIES

     Sec.
      701.  Title to historic property.
      702.  Powers over certain historic property.
      703.  Brandywine Battlefield (Repealed).
      704.  Washington Crossing (Repealed).
      705.  United States Brig Niagara.

        Enactment.  Chapter 7 was added May 26, 1988, P.L.414, No.72,
     effective immediately.
     § 701.  Title to historic property.
        (a)  General rule.--Unless otherwise provided by statute with
     respect to particular historic property, the title to historic
     property shall be taken in the name of this Commonwealth and
     shall, before its acquisition, be certified by counsel for the
     commission.
        (b)  Leases.--
            (1)  For purposes of historic preservation, or for
        educational, recreational or agricultural purposes, or for
        parking areas or concessions for the convenience and comfort
        of the public, the commission may lease historic property for
        a period not to exceed five years to any person or
        organization of the Commonwealth. The commission shall lease
        the property in the following manner:
                (i)  Those sites and museums which have nonprofit
            allied groups whose purpose is related to the educational
            mission of a particular property shall receive special
            contract preference. In those instances where the above
            criteria is met, the commission shall be permitted to
            enter into a lease without competitive bidding.
                (ii)  When the criteria enumerated in subparagraph
            (i) are not met, sites and museums are to be leased in
            accordance with competitive bidding procedures, i.e. open
            to all profit and nonprofit organizations. All requests
            for bid proposals, as well as the leases, shall contain
            restrictions protecting the historical integrity of the
            site, insuring that appropriate historical preservation
            standards are maintained and require appropriate
            insurance coverage by the lessee.
            (2)  If a substantial capital investment is involved, the
        commission may, with the approval of the Governor, enter into
        such leases for that period required under sections
        48(g)(2)(B)(vi) and 168(c) of the Internal Revenue Code of
        1986 (Public Law 99-514, 26 U.S.C. §§ 48, 168) relating to
        investment tax credit for historic preservation.
            (3)  The commission shall monitor those leased properties
        to insure they are being managed in accordance with State
        law.
            (4)  The commission may lease historic property to a
        political subdivision willing to assume total fiscal and
        management responsibility for a period of time up to 99
        years, provided that such leases contain restrictions
        protecting the historical integrity of the site, insuring
        that appropriate historical preservation standards are
        maintained and require appropriate insurance coverage by the
        lessee.

Last modified: November 27, 2007