Orphans’ Court Approval Needed for Sale of Park Land

Property purchased by township through the Project 70 Land Acquisition and Borrowing Act, 72 P.S. §§ 3946.1 et seq., and dedicated to public use as a park, cannot be sold by the township to private developers, and the township cannot grant easements to private developers, without approval of the Orphans’ Court in accordance with the Donated or Dedicated Property Act, 53 P.S. §§ 3381-3386, even after the deed restrictions imposed on the property in accordance with the Project 70 act had been removed by the legislature.  In Re: Petition of Borough of Downingtown, 12 MAP 2016 (Pa. 6/20/2017).

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