PRINTER'S NO. 51

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 47 Session of 1985


        INTRODUCED BY FRYER, BROUJOS, NAHILL, SCHEETZ, DUFFY, DeLUCA,
           SHOWERS, BELFANTI, MACKOWSKI, WOZNIAK, BALDWIN, RUDY AND
           LIVENGOOD, JANUARY 23, 1985

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 23, 1985

                                     AN ACT

     1  Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
     2     "An act concerning townships of the first class; amending,
     3     revising, consolidating, and changing the law relating
     4     thereto," imposing limitations on the power of first class
     5     townships to acquire real estate for refuse disposal
     6     facilities.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 1901 of the act of June 24, 1931
    10  (P.L.1206, No.331), known as The First Class Township Code,
    11  reenacted and amended May 27, 1949 (P.L.1955, No.569) and
    12  amended May 27, 1953 (P.L.220, No.30), is amended to read:
    13     Section 1901.  Exercise of Eminent Domain.--In the laying
    14  out, opening, widening, extending, vacating, grading or changing
    15  the grades or lines of streets or highways, the construction of
    16  bridges and the piers and abutments therefor, the construction
    17  of slopes, embankments and sewers, including storm water drains,
    18  the erection and extension of waterworks, wharves and docks,
    19  public buildings, public works, lands and places for the


     1  disposal of ashes and other refuse materials, garbage treatment
     2  works and libraries, the establishing of parks, playgrounds and
     3  recreation places, the changing of watercourses, and for all
     4  other purposes authorized by this act, a township of the first
     5  class may enter upon, appropriate, injure or destroy private
     6  lands, property and material. No township shall exercise the
     7  power of eminent domain outside the limits of such township for
     8  the purpose of acquiring real estate or facilities for
     9  incineration, landfill, the disposal of ashes, rubbish, other
    10  refuse materials, garbage or garbage treatment works.
    11     Section 2.  This act shall take effect immediately.













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