THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KRIEGER, CALTAGIRONE, GILLESPIE, EVANKOVICH, MURT, RAPP, REESE, SACCONE AND METZGAR, APRIL 25, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 25, 2011  

AN ACT

Repealing the act of June 13, 1836 (P.L.551, No.169), entitled

"An act relating to roads, highways and bridges."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 13, 1836 (P.L.551, No.169),

referred to as the General Road Law, is repealed:

[AN ACT

Relating to roads, highways and bridges.

TABLE OF CONTENTS

Section 1.  Appointment of viewers.

Section 2.  Duties of viewers.

Section 3.  Report of viewers.

Section 4.  Proceedings on report of viewers.

Section 5.  Width of public and private roads; rights of owners

as to slopes; townships of second class; payment for

relocation of public service facilities.

Section 7.  Appointment on petition.

Section 8.  Approval of report; payment of damages.

Section 11.  Proceedings to open private roads.

Section 12.  Proceedings on report of viewers.

Section 13.  Gates.

Section 14.  When gates shall be erected.

Section 15.  Repair of private roads.

Section 16.  Damages.

Section 17.  Use by others than petitioners.

Section 18.  Authority of courts.

Section 19.  Vacating of roads not opened.

Section 20.  Changes of State roads.

Section 22.  Exceptions to power of courts to vacate.

Section 23.  Application to vacate.

Section 24.  When old roads shall be closed.

Section 25.  Review.

Section 26.  County line roads and inter-county roads.

Section 46.  Manner of authorization.

Section 47.  Construction and maintenance.

Section 48.  Builders may take materials from adjoining lands.

Section 49.  Damages.

Section 50.  Payment or security of damages.

Section 51.  Who may be viewers.

Section 53.  Viewers to be sworn.

Section 54.  Expense of views.

Section 55.  Expense of view to assess damages.

Section 56.  Expense of view of county bridges.

Section 57.  Expense of view for a gate.

Section 58.  Surveyor to be paid by applicant.

Section 65.  Extortion from travelers by road or highway

workmen.

Section 70.  Crossing bridge with horse faster than a walk.

Section 71.  Driving cattle faster than a walk.

Section 72.  Carrying fire over a bridge.

Section 75.  Recovery of penalty.

Section 1.  Appointment of viewers

The court of quarter sessions of every county of the

Commonwealth, on being petitioned to grant a view for a road

within the respective county, shall have power and are hereby

required, in open court, to appoint, as often as may be needful,

three persons, qualified as hereinafter is provided, to view the

ground proposed for such road, and make report of their

proceedings to the respective court at the next term thereof:

Provided, That the provisions of this act, relative to the

appointment of viewers to lay out roads and to assess damages,

shall not extend to the City and County of Philadelphia,

hereinafter specially provided for.

Section 2.  Duties of viewers

The persons appointed as aforesaid, shall view such ground,

and if they shall agree that there is occasion for a road, they

shall proceed to lay out the same, having respect to the

shortest distance, and the best ground for a road, and in such

manner as shall do the least injury to private property, and

also be, as far as practicable, agreeable to the desire of the

petitioners.

Section 3.  Report of viewers

The viewers as aforesaid, shall make report at the next term

of the said court, and in the said report shall state

particularly: first, who of them were present at the view;

second, whether they were severally sworn or affirmed; third

whether the road desired be necessary for a public or private

road; they shall also annex and return to the court a plot or

draft thereof, stating the courses and distances, and noting

briefly the improvements through which it may pass, and whenever

practicable, the viewers shall lay out the said roads at an

elevation not exceeding five degrees, except at the crossing of

ravines and streams, where by moderate filling and bridging, the

declination of the road may be preserved within that limit.

Section 4.  Proceedings on report of viewers

If the court shall approve of the report of the viewers

allowing a road, they shall direct of what breadth the road so

approved shall be opened, and at the next court thereafter the

whole proceedings shall be entered on record, and thenceforth

such road shall be taken, deemed and allowed to be a lawful

public road or highway, or private road, as the case may be.

Section 5.  Width of public and private roads; rights of

owners as to slopes; townships of second class; payment for

relocation of public service facilities

The breadth of a private road shall not in any case exceed

twenty-five feet, and the width of a public road shall not be

less than thirty-three feet and shall have such maximum width as

shall be determined necessary in the judgment of the Secretary

of Highways: Provided, That when the public road desired to be

opened is in a built up section of any township of the second

class of the type commonly known as an alley and is not an

integral part of a through route, the minimum width shall be

fifteen feet: And provided further, That where the breadth of a

public road shall hereafter be fixed at more than one hundred

and twenty feet and the right of way for such public highway has

been acquired solely by the Federal Government and it shall

become necessary to move or relocate any public service

facilities, the cost and expenses incident to such removal or

relocation shall be paid by the federal government.

Section 7.  Appointment on petition

The owner of any land through which a public road shall be

opened as aforesaid, may, within one year from the opening of

the same, apply by petition, to the Court of Quarter Sessions of

the proper county, setting forth the injury which he or she may

have sustained thereby, and thereupon, the said court shall

appoint six disinterested persons to view the premises and

assess the damages, if any, which such petitioner may have

sustained.

Section 8.  Approval of report; payment of damages

The viewers so appointed, shall make report in writing to the

next Court of Quarter Sessions, and if their report be approved

by the court, the amount of damages awarded shall be paid by the

County Treasurer out of the county stock, to the party entitled

thereto.

Section 9.  Benefits to be considered in assessing damages

In assessing the damages as aforesaid, the viewers shall take

into consideration the advantages derived from such road passing

through the land of the complainant.

Section 11.  Proceedings to open private roads

The several Courts of Quarter Sessions shall, in open court

as aforesaid, upon the petition of one or more persons,

associations, partnerships, stock companies, or corporations,

for a road from their respective lands or leaseholds to a

highway or place of necessary public resort, or to any private

way leading to a highway, or upon the petition of the chief

executive officer of any executive or administrative department

of the state government for a road from any public highway

across any lands of any person, association, or corporation to

the boundary line of any lands owned, controlled, or

administered by the commonwealth, direct a view to be had of the

place where such road is requested, and a report thereof to be

made, in the same manner as is directed by the said act of

thirteenth june, one thousand eight hundred and thirty-six.

Section 12.  Proceedings on report of viewers

If it shall appear by the report of viewers to the court

directing the view, that such road is necessary, the said court

shall direct what breadth the road so reported shall be opened,

and the proceedings in such cases shall be entered on record, as

before directed, and thenceforth such road shall be deemed and

taken to be a lawful private road.

Section 13.  Gates

In all cases of a private road, it shall be lawful for the

owners of the land over which the same may be laid out or

authorized, to apply to the court aforesaid for leave to hang

and maintain at their own expense, swinging gates across the

road, and thereupon the court shall direct the viewers appointed

to view such road, or in case the road has been already laid

out, may appoint other viewers in manner aforesaid, to inquire

and report whether the same may be done without much

inconvenience to the persons using such road.

Section 14.  When gates shall be erected

If it shall appear to the court that a gate or gates may be

hung as aforesaid, according to the prayer of the party, without

much inconvenience to the person or persons using such road,

they shall decree accordingly, and in such decree they shall

order and direct that such gate or gates be made and kept in

repair, and made easy for passing, by the respective owners of

said land.

Section 15.  Repair of private roads

All private roads shall be opened, fenced and kept in repair

by and at the expense of the person or persons respectively at

whose request the same were granted and laid out, and by their

heirs and assigns.

Section 16.  Damages

The damages sustained by the owners of the land through which

any private road may pass shall be estimated in the manner

provided in the case of a public road, and shall be paid by the

persons, associations, partnership, stock companies,

corporations, or executive or administrative department of the

commonwealth, at whose request the road was granted or laid out:

Provided, that no such road shall be opened before the damages

shall be fully paid.

Section 17.  Use by others than petitioners

Whenever any person shall be desirous to make use of a

private road laid out on the petition and at the expense of

others, such person may apply by petition to the Court of

Quarter Sessions of the respective county, to be admitted to

participate in the privilege of the said road, and thereupon

such court shall have power to determine what sum he shall

contribute to the persons at whose expense the said road was

laid out, and also what further sum he shall pay to the owners

of the soil over which the said road was made, and upon the

payment thereof, such person shall be entitled to equal rights

and privileges, and be subject to like duties and liabilities

with the original applicants for said road.

Section 18.  Authority of courts

The courts aforesaid shall, within their respective counties,

have authority, upon application to them by petition, to inquire

of any to change or vacate the whole or any part of any private

or public road which may have been laid out by authority of law,

whenever the same shall become useless, inconvenient or

burthensome notwithstanding the fact that the vacation of a part

of a public road results in leaving the remaining part or parts

of the road with one of its termini at a point other than in a

public highway or place of public resort: Provided, that the

other terminus of each of the remaining parts of the road is in

a public road and that each remaining part of the road is

necessary for public travel or for the use of a property owner

or owners located on such remaining part.  The said courts shall

proceed therein by views and reviews, in the manner provided for

the laying out of public roads and highways.

Section 19.  Vacating of roads not opened

Roads laid out and confirmed as aforesaid, but not opened,

may be vacated and annulled upon the petition of a majority of

the original petitioners for the said road, resident within the

respective county, in the same manner as other roads may be

vacated: Provided, that no person residing or owning land along

the route of such road, shall in such case be a viewer or

reviewer.

Section 20.  Changes of State Roads

The said courts respectively, shall also have power in the

manner aforesaid, to change, or supply by a new road, the route

of any State road which may be laid out by direction of any act

of assembly, within their respective counties, and thereupon to

vacate so much of such State road as shall be supplied:

Provided, that no change shall be allowed in any such road,

which shall make the same of a greater ascent or descent than

five degrees from a horizontal line.

Section 22.  Exceptions to power of courts to vacate

Nothing in this act shall be construed to give authority to

any of the courts of the Commonwealth to vacate any lane, street

or highway within any city, borough, town plot, or any town or

village laid out by the late Proprietaries or by any other

person, and dedicated to the public use; not to vacate any cart-

way laid out by the order of court, and not repairable at the

charge of the public, nor shall such authority extend to any

road, way or passage claimed by any person as a private right,

nor to rivers or streams of water.

Section 23.  Application to vacate

Every application to vacate any road as aforesaid, shall be

in writing, and signed by the applicants; it shall set forth, in

a clear and distinct manner, the situation and other

circumstances of such road or highway, or of the part thereof

which the applicants may desire to have vacated as aforesaid.

Section 24.  When old roads shall be closed

Whenever the whole or any part of a road shall be changed or

supplied, the same shall not be shut up or stopped until the

road laid out to supply the place thereof shall be actually

opened and made.

Section 25.  Review.

In all cases of views for any purpose mentioned in this act,

the respective court shall, on petition of any person

interested, direct a second view or review for the same purpose:

Provided, that application therefor be made at or before the

next term of the said court, after the report upon the first

view.

Section 26.  County line roads and inter-county roads

Roads upon and along a line which divides two adjoining

counties, and roads forming or intended to form a continuous

highway from one county to another, may be laid out, or altered,

or vacated in the manner provided in the case of other roads,

except that the Court of Quarter Sessions of each county shall

appoint three viewers, and that a report, as aforesaid, shall be

made to each court, respectively, and that each court shall

otherwise have and exercise concurrent jurisdiction therein.

Section 46.  Manner of authorization

Bridges over any river, creek, or rivulet, being on the line

of adjoining counties, or located within one-fourth of a mile

therefrom, and necessary for the accommodation of the

inhabitants of both counties, shall be authorized in the manner

provided in the case of other county bridges, except that the

Court of Quarter Sessions of each county shall appoint three of

the viewers, and that a report as aforesaid be made to the said

courts, respectively, and that the said courts shall, together

with the grand juries and commissioners of the respective

counties, in all other respects have and exercise a concurrent

jurisdiction and discretion therein: Provided, however, that

nothing herein contained shall prevent any county in this

Commonwealth from erecting a bridge at any point wholly within

the limits of said county, without any view, or other

proceedings whatsoever, in any adjoining county.

Section 47.  Construction and maintenance

Every such bridge shall be constructed by contract with the

commissioners of both the said counties; it shall be inspected,

in the manner aforesaid, by persons appointed by the Court of

Quarter Sessions of either of the said counties; it shall be

paid for, maintained, and kept in repair by said commissioners,

the cost and expense of which joint construction, maintenance,

and repair shall be paid by said counties, respectively, in the

proportion of the population thereof as ascertained at the last

decennial census, and if either county shall necessarily incur

more than its due proportion of such charge, it shall be lawful

for such county to recover from the other county the excess so

incurred, and in an action to be founded on this act: Provided,

this shall apply only to counties having a population of two

hundred thousand and under, and, in such counties, to bridges

three hundred feet (300) in length and over.

Section 48.  Builders may take materials from adjoining lands

It shall be lawful for the undertaker of any public bridge,

to enter upon the lands and enclosures near to the place where

such bridge is to be built, for the purpose of searching for and

procuring the materials necessary for the building of such

bridge, in like manner, and with like authority, as is

hereinbefore provided in behalf of the supervisors of the public

roads in the like case.

Section 49.  Damages

If the undertaker of such bridge and the owner of such

materials cannot agree upon the sum to be paid for the damages,

which may be done by the taking of such materials, such damages

shall be ascertained in the manner provided in the case of

materials taken by the supervisors of the public roads.

Section 50.  Payment or security of damages

The damages shall be ascertained and paid, or secured to be

paid, to the satisfaction of the owner of such materials, before

the same may be dug, quarried, or removed by such undertaker.

Section 51.  Who may be viewers

Any discreet and reputable citizen qualified to vote for

members of the Legislature, may be appointed a viewer for any of

the purposes mentioned in this act, but except it be otherwise

especially provided, the court appointing viewers, shall select

them as far as practicable, from persons residing near the place

to be viewed.

Section 53.  Viewers to be sworn

All viewers and reviewers appointed for any purpose mentioned

in this act, also all persons appointed to inspect any bridge as

aforesaid, shall, before they proceed to the duties of their

appointment respectively, make oath or affirmation to perform

the same impartially, and according to the best of their

judgment, which oath or affirmation may be administered to them

by any magistrate of the respective county, or by any one of

their number.

Section 54.  Expense of views

The expense of views of private roads, and the expense of any

review, or of any view subsequent to a review of a private or

public road, shall be wholly paid by the persons applying for

the same.

Section 55.  Expense of view to assess damages

The expense of a view to assess the damages sustained by the

owner of land taken as aforesaid, for a public road, shall be

paid by the respective county, and the expense of such view in

the case of a private road, shall be paid by the person or

persons at whose instance the same was allowed.

Section 56.  Expense of view of county bridges

The expense of the inspection or view of a county bridge as

aforesaid, shall be paid by the respective county, but if such

bridge shall not be approved, the said expense shall be

recoverable by such county, as damages against the delinquent

commissioner or contractor.

Section 57.  Expense of view for a gate

In case of a separate view directed upon an application for

leave to hang and maintain gates across a private road, as

aforesaid, the expense of such view shall be paid by the

applicants.

Section 58.  Surveyor to be paid by applicant

In all cases of a view or review, or of any view subsequent

to a review of a road, a surveyor shall be found and paid by the

persons applying for such views.

Section 65.  Extortion from travelers by road or highway

workmen

If any person working upon any road or highway, or if any one

in company with such person, shall ask money or reward, or by

any means whatever, shall extort, or endeavor to extort, any

money, drink, or other thing, of or from any person traveling

upon or near such road or highway, the person so offending

shall, for every such offence, forfeit and pay a sum not

exceeding five dollars.

Section 70.  Crossing bridge with horse faster than a walk

If any person shall wilfully ride, walk or lead, or cause

another person to ride, drive or lead, any horse or other beast

of burden, faster than a walk, when crossing any wooden bridge

having an arch of the length or span of forty-five feet or

upwards, such persons shall, for every such offense, forfeit and

pay a sum not less than five dollars, nor more than thirty

dollars: Provided nevertheless, That notice of the provisions of

this section be set up in the manner hereinbefore required.

Section 71.  Driving cattle faster than a walk

If any person shall wilfully drive, or cause to be driven,

any horned cattle, faster than a walk, when crossing any such

bridge, such person shall, for every such offence, forfeit and

pay a sum not less than five dollars, nor more than thirty

dollars: Provided nevertheless, that notice hereof be set up in

the manner hereinbefore.

Section 72.  Carrying fire over a bridge

If any person shall carry fire over such bridge, except in a

lantern, or in some vessel in which it will be fully secured,

such person shall forfeit and pay the sum of five dollars:

Provided nevertheless, that notice of the provisions of this

section be set up in the manner hereinbefore required.

Section 75.  Recovery of penalty

All fines and pecuniary penalties which may be incurred under

any of the provisions of this act shall, unless it be otherwise

especially provided, be recoverable in the name of the

Commonwealth, at the instance of any person who will sue

therefor, in the same manner as debts of like amount are

recoverable, with costs of suit, and one moiety thereof shall be

paid to the person suing for and recovering the same, and the

residue shall be paid into the treasury of the respective

townships, for the use of the supervisors of the public roads.]

Section 2.  This act shall take effect in 60 days.