THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BISHOP, COHEN, FRANKEL, HENNESSEY, W. KELLER, PRESTON, SOLOBAY, STABACK, WALKO, WHITE, YOUNGBLOOD AND CALTAGIRONE, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 13, 2009  

AN ACT

Amending the act of May 16, 1891 (P.L.75, No.59), entitled "An

act in relation to the laying out, opening, widening,

straightening, extending or vacating streets and alleys, and

the construction of bridges in the several municipalities of

this Commonwealth, the grading, paving, macadamizing or

otherwise improving streets and alleys, providing for

ascertaining the damages to private property resulting

therefrom, the assessment of the damages, costs and expenses

thereof upon the property benefited, and the construction of

sewers and payment of the damages, costs and expenses

thereof, including damages to private property resulting

therefrom," further providing for powers of municipal

corporations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1 of the act of May 16, 1891 (P.L.75, No.

59), entitled "An act in relation to the laying out, opening,

widening, straightening, extending or vacating streets and

alleys, and the construction of bridges in the several

municipalities of this Commonwealth, the grading, paving,

macadamizing or otherwise improving streets and alleys,

providing for ascertaining the damages to private property

resulting therefrom, the assessment of the damages, costs and

expenses thereof upon the property benefited, and the

construction of sewers and payment of the damages, costs and

expenses thereof, including damages to private property

resulting therefrom," amended June 12, 1893 (P.L.459, No.329),

is amended to read:

Section 1.  [That all municipal] (a)  Municipal corporations

of this Commonwealth shall have power, whenever it shall be

deemed necessary in the laying out, opening, widening,

extending, grading or changing grade or lines of streets, lanes

or alleys, the construction of bridges and the piers and

abutments therefor, the construction of slopes, embankments and

sewers, the changing of water courses or vacation of streets or

alleys, to take, use, occupy or injure private lands, property

or material, and in case the compensation for the damages or the

benefits accruing therefrom have not been agreed upon, any court

of common pleas of the proper county, or any law judge thereof

in vacation, on application thereto by petition by said

municipal corporation or any person interested, shall appoint

three discreet and disinterested freeholders as viewers, and

appoint a time not less than twenty nor more than thirty days

thereafter when said viewers shall meet upon the line of the

improvement and view the same and the premises affected thereby.

The said viewers shall give at least ten days' notice of the

time of their first meeting by publication in one or more

newspapers of said corporation of the county in which it is

situate, and where the publication is in more than one

newspaper, one of said newspapers may be in the German language,

and by handbills posted upon the premises, or otherwise, as the

said court shall direct, having regard to the circumstances of

the case.

(b)  Municipal corporations shall have the power to condemn

privately owned structures for which the owners are unknown or 

which are no longer occupied by the owner or a tenant, are in

poor condition and are unlikely to be restored by their owner.

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