H1773B2401A05201 BIL:BTW 12/11/17 #90 A05201
AMENDMENTS TO HOUSE BILL NO. 1773 (As amended by A04785)
Sponsor: REPRESENTATIVE GABLER
Printer's No. 2401
Amend Bill, page 1, lines 1 through 27; page 2, line 1
(A04785), by striking out all of said lines on said pages and
inserting
Amend Bill, page 1, lines 1 through 4, by striking out all of
said lines and inserting
Repealing in part the act of June 13, 1836 (P.L.551, No.169),
entitled "An act relating to roads, highways and bridges."
Amend Bill, page 1, lines 7 through 19, by striking out all
of said lines and inserting
Section 1. Sections 11, 12, 13, 14, 16 and 17 of the act of
June 13, 1836 (P.L.551, No.169), referred to as the General Road
Law, are repealed:
[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
2017/90BIL/HB1773A05201 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
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 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 2. This act shall take effect in 60 days.
2017/90BIL/HB1773A05201 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38