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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KRIEGER, CALTAGIRONE, GILLESPIE, EVANKOVICH, MURT, RAPP, REESE, SACCONE AND METZGAR, APRIL 25, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 25, 2011 |
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| AN ACT |
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1 | Repealing the act of June 13, 1836 (P.L.551, No.169), entitled |
2 | "An act relating to roads, highways and bridges." |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. The act of June 13, 1836 (P.L.551, No.169), |
6 | referred to as the General Road Law, is repealed: |
7 | [AN ACT |
8 | Relating to roads, highways and bridges. |
9 | TABLE OF CONTENTS |
10 | Section 1. Appointment of viewers. |
11 | Section 2. Duties of viewers. |
12 | Section 3. Report of viewers. |
13 | Section 4. Proceedings on report of viewers. |
14 | Section 5. Width of public and private roads; rights of owners |
15 | as to slopes; townships of second class; payment for |
16 | relocation of public service facilities. |
17 | Section 7. Appointment on petition. |
18 | Section 8. Approval of report; payment of damages. |
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1 | Section 11. Proceedings to open private roads. |
2 | Section 12. Proceedings on report of viewers. |
3 | Section 13. Gates. |
4 | Section 14. When gates shall be erected. |
5 | Section 15. Repair of private roads. |
6 | Section 16. Damages. |
7 | Section 17. Use by others than petitioners. |
8 | Section 18. Authority of courts. |
9 | Section 19. Vacating of roads not opened. |
10 | Section 20. Changes of State roads. |
11 | Section 22. Exceptions to power of courts to vacate. |
12 | Section 23. Application to vacate. |
13 | Section 24. When old roads shall be closed. |
14 | Section 25. Review. |
15 | Section 26. County line roads and inter-county roads. |
16 | Section 46. Manner of authorization. |
17 | Section 47. Construction and maintenance. |
18 | Section 48. Builders may take materials from adjoining lands. |
19 | Section 49. Damages. |
20 | Section 50. Payment or security of damages. |
21 | Section 51. Who may be viewers. |
22 | Section 53. Viewers to be sworn. |
23 | Section 54. Expense of views. |
24 | Section 55. Expense of view to assess damages. |
25 | Section 56. Expense of view of county bridges. |
26 | Section 57. Expense of view for a gate. |
27 | Section 58. Surveyor to be paid by applicant. |
28 | Section 65. Extortion from travelers by road or highway |
29 | workmen. |
30 | Section 70. Crossing bridge with horse faster than a walk. |
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1 | Section 71. Driving cattle faster than a walk. |
2 | Section 72. Carrying fire over a bridge. |
3 | Section 75. Recovery of penalty. |
4 | Section 1. Appointment of viewers |
5 | The court of quarter sessions of every county of the |
6 | Commonwealth, on being petitioned to grant a view for a road |
7 | within the respective county, shall have power and are hereby |
8 | required, in open court, to appoint, as often as may be needful, |
9 | three persons, qualified as hereinafter is provided, to view the |
10 | ground proposed for such road, and make report of their |
11 | proceedings to the respective court at the next term thereof: |
12 | Provided, That the provisions of this act, relative to the |
13 | appointment of viewers to lay out roads and to assess damages, |
14 | shall not extend to the City and County of Philadelphia, |
15 | hereinafter specially provided for. |
16 | Section 2. Duties of viewers |
17 | The persons appointed as aforesaid, shall view such ground, |
18 | and if they shall agree that there is occasion for a road, they |
19 | shall proceed to lay out the same, having respect to the |
20 | shortest distance, and the best ground for a road, and in such |
21 | manner as shall do the least injury to private property, and |
22 | also be, as far as practicable, agreeable to the desire of the |
23 | petitioners. |
24 | Section 3. Report of viewers |
25 | The viewers as aforesaid, shall make report at the next term |
26 | of the said court, and in the said report shall state |
27 | particularly: first, who of them were present at the view; |
28 | second, whether they were severally sworn or affirmed; third |
29 | whether the road desired be necessary for a public or private |
30 | road; they shall also annex and return to the court a plot or |
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1 | draft thereof, stating the courses and distances, and noting |
2 | briefly the improvements through which it may pass, and whenever |
3 | practicable, the viewers shall lay out the said roads at an |
4 | elevation not exceeding five degrees, except at the crossing of |
5 | ravines and streams, where by moderate filling and bridging, the |
6 | declination of the road may be preserved within that limit. |
7 | Section 4. Proceedings on report of viewers |
8 | If the court shall approve of the report of the viewers |
9 | allowing a road, they shall direct of what breadth the road so |
10 | approved shall be opened, and at the next court thereafter the |
11 | whole proceedings shall be entered on record, and thenceforth |
12 | such road shall be taken, deemed and allowed to be a lawful |
13 | public road or highway, or private road, as the case may be. |
14 | Section 5. Width of public and private roads; rights of |
15 | owners as to slopes; townships of second class; payment for |
16 | relocation of public service facilities |
17 | The breadth of a private road shall not in any case exceed |
18 | twenty-five feet, and the width of a public road shall not be |
19 | less than thirty-three feet and shall have such maximum width as |
20 | shall be determined necessary in the judgment of the Secretary |
21 | of Highways: Provided, That when the public road desired to be |
22 | opened is in a built up section of any township of the second |
23 | class of the type commonly known as an alley and is not an |
24 | integral part of a through route, the minimum width shall be |
25 | fifteen feet: And provided further, That where the breadth of a |
26 | public road shall hereafter be fixed at more than one hundred |
27 | and twenty feet and the right of way for such public highway has |
28 | been acquired solely by the Federal Government and it shall |
29 | become necessary to move or relocate any public service |
30 | facilities, the cost and expenses incident to such removal or |
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1 | relocation shall be paid by the federal government. |
2 | Section 7. Appointment on petition |
3 | The owner of any land through which a public road shall be |
4 | opened as aforesaid, may, within one year from the opening of |
5 | the same, apply by petition, to the Court of Quarter Sessions of |
6 | the proper county, setting forth the injury which he or she may |
7 | have sustained thereby, and thereupon, the said court shall |
8 | appoint six disinterested persons to view the premises and |
9 | assess the damages, if any, which such petitioner may have |
10 | sustained. |
11 | Section 8. Approval of report; payment of damages |
12 | The viewers so appointed, shall make report in writing to the |
13 | next Court of Quarter Sessions, and if their report be approved |
14 | by the court, the amount of damages awarded shall be paid by the |
15 | County Treasurer out of the county stock, to the party entitled |
16 | thereto. |
17 | Section 9. Benefits to be considered in assessing damages |
18 | In assessing the damages as aforesaid, the viewers shall take |
19 | into consideration the advantages derived from such road passing |
20 | through the land of the complainant. |
21 | Section 11. Proceedings to open private roads |
22 | The several Courts of Quarter Sessions shall, in open court |
23 | as aforesaid, upon the petition of one or more persons, |
24 | associations, partnerships, stock companies, or corporations, |
25 | for a road from their respective lands or leaseholds to a |
26 | highway or place of necessary public resort, or to any private |
27 | way leading to a highway, or upon the petition of the chief |
28 | executive officer of any executive or administrative department |
29 | of the state government for a road from any public highway |
30 | across any lands of any person, association, or corporation to |
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1 | the boundary line of any lands owned, controlled, or |
2 | administered by the commonwealth, direct a view to be had of the |
3 | place where such road is requested, and a report thereof to be |
4 | made, in the same manner as is directed by the said act of |
5 | thirteenth june, one thousand eight hundred and thirty-six. |
6 | Section 12. Proceedings on report of viewers |
7 | If it shall appear by the report of viewers to the court |
8 | directing the view, that such road is necessary, the said court |
9 | shall direct what breadth the road so reported shall be opened, |
10 | and the proceedings in such cases shall be entered on record, as |
11 | before directed, and thenceforth such road shall be deemed and |
12 | taken to be a lawful private road. |
13 | Section 13. Gates |
14 | In all cases of a private road, it shall be lawful for the |
15 | owners of the land over which the same may be laid out or |
16 | authorized, to apply to the court aforesaid for leave to hang |
17 | and maintain at their own expense, swinging gates across the |
18 | road, and thereupon the court shall direct the viewers appointed |
19 | to view such road, or in case the road has been already laid |
20 | out, may appoint other viewers in manner aforesaid, to inquire |
21 | and report whether the same may be done without much |
22 | inconvenience to the persons using such road. |
23 | Section 14. When gates shall be erected |
24 | If it shall appear to the court that a gate or gates may be |
25 | hung as aforesaid, according to the prayer of the party, without |
26 | much inconvenience to the person or persons using such road, |
27 | they shall decree accordingly, and in such decree they shall |
28 | order and direct that such gate or gates be made and kept in |
29 | repair, and made easy for passing, by the respective owners of |
30 | said land. |
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1 | Section 15. Repair of private roads |
2 | All private roads shall be opened, fenced and kept in repair |
3 | by and at the expense of the person or persons respectively at |
4 | whose request the same were granted and laid out, and by their |
5 | heirs and assigns. |
6 | Section 16. Damages |
7 | The damages sustained by the owners of the land through which |
8 | any private road may pass shall be estimated in the manner |
9 | provided in the case of a public road, and shall be paid by the |
10 | persons, associations, partnership, stock companies, |
11 | corporations, or executive or administrative department of the |
12 | commonwealth, at whose request the road was granted or laid out: |
13 | Provided, that no such road shall be opened before the damages |
14 | shall be fully paid. |
15 | Section 17. Use by others than petitioners |
16 | Whenever any person shall be desirous to make use of a |
17 | private road laid out on the petition and at the expense of |
18 | others, such person may apply by petition to the Court of |
19 | Quarter Sessions of the respective county, to be admitted to |
20 | participate in the privilege of the said road, and thereupon |
21 | such court shall have power to determine what sum he shall |
22 | contribute to the persons at whose expense the said road was |
23 | laid out, and also what further sum he shall pay to the owners |
24 | of the soil over which the said road was made, and upon the |
25 | payment thereof, such person shall be entitled to equal rights |
26 | and privileges, and be subject to like duties and liabilities |
27 | with the original applicants for said road. |
28 | Section 18. Authority of courts |
29 | The courts aforesaid shall, within their respective counties, |
30 | have authority, upon application to them by petition, to inquire |
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1 | of any to change or vacate the whole or any part of any private |
2 | or public road which may have been laid out by authority of law, |
3 | whenever the same shall become useless, inconvenient or |
4 | burthensome notwithstanding the fact that the vacation of a part |
5 | of a public road results in leaving the remaining part or parts |
6 | of the road with one of its termini at a point other than in a |
7 | public highway or place of public resort: Provided, that the |
8 | other terminus of each of the remaining parts of the road is in |
9 | a public road and that each remaining part of the road is |
10 | necessary for public travel or for the use of a property owner |
11 | or owners located on such remaining part. The said courts shall |
12 | proceed therein by views and reviews, in the manner provided for |
13 | the laying out of public roads and highways. |
14 | Section 19. Vacating of roads not opened |
15 | Roads laid out and confirmed as aforesaid, but not opened, |
16 | may be vacated and annulled upon the petition of a majority of |
17 | the original petitioners for the said road, resident within the |
18 | respective county, in the same manner as other roads may be |
19 | vacated: Provided, that no person residing or owning land along |
20 | the route of such road, shall in such case be a viewer or |
21 | reviewer. |
22 | Section 20. Changes of State Roads |
23 | The said courts respectively, shall also have power in the |
24 | manner aforesaid, to change, or supply by a new road, the route |
25 | of any State road which may be laid out by direction of any act |
26 | of assembly, within their respective counties, and thereupon to |
27 | vacate so much of such State road as shall be supplied: |
28 | Provided, that no change shall be allowed in any such road, |
29 | which shall make the same of a greater ascent or descent than |
30 | five degrees from a horizontal line. |
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1 | Section 22. Exceptions to power of courts to vacate |
2 | Nothing in this act shall be construed to give authority to |
3 | any of the courts of the Commonwealth to vacate any lane, street |
4 | or highway within any city, borough, town plot, or any town or |
5 | village laid out by the late Proprietaries or by any other |
6 | person, and dedicated to the public use; not to vacate any cart- |
7 | way laid out by the order of court, and not repairable at the |
8 | charge of the public, nor shall such authority extend to any |
9 | road, way or passage claimed by any person as a private right, |
10 | nor to rivers or streams of water. |
11 | Section 23. Application to vacate |
12 | Every application to vacate any road as aforesaid, shall be |
13 | in writing, and signed by the applicants; it shall set forth, in |
14 | a clear and distinct manner, the situation and other |
15 | circumstances of such road or highway, or of the part thereof |
16 | which the applicants may desire to have vacated as aforesaid. |
17 | Section 24. When old roads shall be closed |
18 | Whenever the whole or any part of a road shall be changed or |
19 | supplied, the same shall not be shut up or stopped until the |
20 | road laid out to supply the place thereof shall be actually |
21 | opened and made. |
22 | Section 25. Review. |
23 | In all cases of views for any purpose mentioned in this act, |
24 | the respective court shall, on petition of any person |
25 | interested, direct a second view or review for the same purpose: |
26 | Provided, that application therefor be made at or before the |
27 | next term of the said court, after the report upon the first |
28 | view. |
29 | Section 26. County line roads and inter-county roads |
30 | Roads upon and along a line which divides two adjoining |
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1 | counties, and roads forming or intended to form a continuous |
2 | highway from one county to another, may be laid out, or altered, |
3 | or vacated in the manner provided in the case of other roads, |
4 | except that the Court of Quarter Sessions of each county shall |
5 | appoint three viewers, and that a report, as aforesaid, shall be |
6 | made to each court, respectively, and that each court shall |
7 | otherwise have and exercise concurrent jurisdiction therein. |
8 | Section 46. Manner of authorization |
9 | Bridges over any river, creek, or rivulet, being on the line |
10 | of adjoining counties, or located within one-fourth of a mile |
11 | therefrom, and necessary for the accommodation of the |
12 | inhabitants of both counties, shall be authorized in the manner |
13 | provided in the case of other county bridges, except that the |
14 | Court of Quarter Sessions of each county shall appoint three of |
15 | the viewers, and that a report as aforesaid be made to the said |
16 | courts, respectively, and that the said courts shall, together |
17 | with the grand juries and commissioners of the respective |
18 | counties, in all other respects have and exercise a concurrent |
19 | jurisdiction and discretion therein: Provided, however, that |
20 | nothing herein contained shall prevent any county in this |
21 | Commonwealth from erecting a bridge at any point wholly within |
22 | the limits of said county, without any view, or other |
23 | proceedings whatsoever, in any adjoining county. |
24 | Section 47. Construction and maintenance |
25 | Every such bridge shall be constructed by contract with the |
26 | commissioners of both the said counties; it shall be inspected, |
27 | in the manner aforesaid, by persons appointed by the Court of |
28 | Quarter Sessions of either of the said counties; it shall be |
29 | paid for, maintained, and kept in repair by said commissioners, |
30 | the cost and expense of which joint construction, maintenance, |
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1 | and repair shall be paid by said counties, respectively, in the |
2 | proportion of the population thereof as ascertained at the last |
3 | decennial census, and if either county shall necessarily incur |
4 | more than its due proportion of such charge, it shall be lawful |
5 | for such county to recover from the other county the excess so |
6 | incurred, and in an action to be founded on this act: Provided, |
7 | this shall apply only to counties having a population of two |
8 | hundred thousand and under, and, in such counties, to bridges |
9 | three hundred feet (300) in length and over. |
10 | Section 48. Builders may take materials from adjoining lands |
11 | It shall be lawful for the undertaker of any public bridge, |
12 | to enter upon the lands and enclosures near to the place where |
13 | such bridge is to be built, for the purpose of searching for and |
14 | procuring the materials necessary for the building of such |
15 | bridge, in like manner, and with like authority, as is |
16 | hereinbefore provided in behalf of the supervisors of the public |
17 | roads in the like case. |
18 | Section 49. Damages |
19 | If the undertaker of such bridge and the owner of such |
20 | materials cannot agree upon the sum to be paid for the damages, |
21 | which may be done by the taking of such materials, such damages |
22 | shall be ascertained in the manner provided in the case of |
23 | materials taken by the supervisors of the public roads. |
24 | Section 50. Payment or security of damages |
25 | The damages shall be ascertained and paid, or secured to be |
26 | paid, to the satisfaction of the owner of such materials, before |
27 | the same may be dug, quarried, or removed by such undertaker. |
28 | Section 51. Who may be viewers |
29 | Any discreet and reputable citizen qualified to vote for |
30 | members of the Legislature, may be appointed a viewer for any of |
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1 | the purposes mentioned in this act, but except it be otherwise |
2 | especially provided, the court appointing viewers, shall select |
3 | them as far as practicable, from persons residing near the place |
4 | to be viewed. |
5 | Section 53. Viewers to be sworn |
6 | All viewers and reviewers appointed for any purpose mentioned |
7 | in this act, also all persons appointed to inspect any bridge as |
8 | aforesaid, shall, before they proceed to the duties of their |
9 | appointment respectively, make oath or affirmation to perform |
10 | the same impartially, and according to the best of their |
11 | judgment, which oath or affirmation may be administered to them |
12 | by any magistrate of the respective county, or by any one of |
13 | their number. |
14 | Section 54. Expense of views |
15 | The expense of views of private roads, and the expense of any |
16 | review, or of any view subsequent to a review of a private or |
17 | public road, shall be wholly paid by the persons applying for |
18 | the same. |
19 | Section 55. Expense of view to assess damages |
20 | The expense of a view to assess the damages sustained by the |
21 | owner of land taken as aforesaid, for a public road, shall be |
22 | paid by the respective county, and the expense of such view in |
23 | the case of a private road, shall be paid by the person or |
24 | persons at whose instance the same was allowed. |
25 | Section 56. Expense of view of county bridges |
26 | The expense of the inspection or view of a county bridge as |
27 | aforesaid, shall be paid by the respective county, but if such |
28 | bridge shall not be approved, the said expense shall be |
29 | recoverable by such county, as damages against the delinquent |
30 | commissioner or contractor. |
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1 | Section 57. Expense of view for a gate |
2 | In case of a separate view directed upon an application for |
3 | leave to hang and maintain gates across a private road, as |
4 | aforesaid, the expense of such view shall be paid by the |
5 | applicants. |
6 | Section 58. Surveyor to be paid by applicant |
7 | In all cases of a view or review, or of any view subsequent |
8 | to a review of a road, a surveyor shall be found and paid by the |
9 | persons applying for such views. |
10 | Section 65. Extortion from travelers by road or highway |
11 | workmen |
12 | If any person working upon any road or highway, or if any one |
13 | in company with such person, shall ask money or reward, or by |
14 | any means whatever, shall extort, or endeavor to extort, any |
15 | money, drink, or other thing, of or from any person traveling |
16 | upon or near such road or highway, the person so offending |
17 | shall, for every such offence, forfeit and pay a sum not |
18 | exceeding five dollars. |
19 | Section 70. Crossing bridge with horse faster than a walk |
20 | If any person shall wilfully ride, walk or lead, or cause |
21 | another person to ride, drive or lead, any horse or other beast |
22 | of burden, faster than a walk, when crossing any wooden bridge |
23 | having an arch of the length or span of forty-five feet or |
24 | upwards, such persons shall, for every such offense, forfeit and |
25 | pay a sum not less than five dollars, nor more than thirty |
26 | dollars: Provided nevertheless, That notice of the provisions of |
27 | this section be set up in the manner hereinbefore required. |
28 | Section 71. Driving cattle faster than a walk |
29 | If any person shall wilfully drive, or cause to be driven, |
30 | any horned cattle, faster than a walk, when crossing any such |
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1 | bridge, such person shall, for every such offence, forfeit and |
2 | pay a sum not less than five dollars, nor more than thirty |
3 | dollars: Provided nevertheless, that notice hereof be set up in |
4 | the manner hereinbefore. |
5 | Section 72. Carrying fire over a bridge |
6 | If any person shall carry fire over such bridge, except in a |
7 | lantern, or in some vessel in which it will be fully secured, |
8 | such person shall forfeit and pay the sum of five dollars: |
9 | Provided nevertheless, that notice of the provisions of this |
10 | section be set up in the manner hereinbefore required. |
11 | Section 75. Recovery of penalty |
12 | All fines and pecuniary penalties which may be incurred under |
13 | any of the provisions of this act shall, unless it be otherwise |
14 | especially provided, be recoverable in the name of the |
15 | Commonwealth, at the instance of any person who will sue |
16 | therefor, in the same manner as debts of like amount are |
17 | recoverable, with costs of suit, and one moiety thereof shall be |
18 | paid to the person suing for and recovering the same, and the |
19 | residue shall be paid into the treasury of the respective |
20 | townships, for the use of the supervisors of the public roads.] |
21 | Section 2. This act shall take effect in 60 days. |
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