1Repealing the act of May 21, 1943 (P.L.279, No.131), entitled
2"An Act authorizing the Department of Highways and counties,
3cities, boroughs, towns and townships to adopt and take over
4as public roads and highways, certain highways taken over,
5located, extended or constructed by the Federal Government or
6any agency thereof, in the exercise of the war power, and
7providing the procedure therefor."

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. The act of May 21, 1943 (P.L.279, No.131),
11entitled "An Act authorizing the Department of Highways and
12counties, cities, boroughs, towns and townships to adopt and
13take over as public roads and highways, certain highways taken
14over, located, extended or constructed by the Federal Government
15or any agency thereof, in the exercise of the war power, and
16providing the procedure therefor," is repealed:

17[AN ACT

18Authorizing the Department of Highways and counties, cities,
19boroughs, towns and townships to adopt and take over as
20public roads and highways, certain highways taken over,

1located, extended or constructed by the Federal Government or
2any agency thereof, in the exercise of the war power, and
3providing the procedure therefor.

4Section 1. Whenever the Federal Government or any agency
5thereof has, in the exercise of the war power, taken over any
6existing public highway, and has or has not relocated the same
7in whole or in part, and has or has not constructed an extension
8thereof to a point not theretofore reached by a public highway,
9or has constructed or caused to be constructed a highway where
10no highway theretofore existed, the Department of Highways may,
11with the consent in writing of the Federal Government or such
12agency, adopt and take over such highway as a State highway, and
13shall thereafter maintain and reconstruct such highway in the
14same manner, with like power and authority as provided by the
15laws of the Commonwealth applicable to State highways.

16In any case where it shall appear that the Department of
17Highways does not desire to adopt and take over any such highway
18as a State highway, the same may be adopted and taken over in
19like manner as a public road or highway by ordinance of the
20corporate authorities of any city, borough, town or township of
21the first class, or by resolution of the corporate authorities
22of any county or any township of the second class in which the
23same is located, which road or highway shall thereafter be
24maintained and reconstructed by the unit of government making
25the adoption, in the same manner with like power and authority
26as provided by law with respect to highways under its
27jurisdiction. Before the unit of government shall adopt such
28ordinance or resolution, it shall ascertain the desire of the
29Department of Highways, and the ordinance or resolution in order
30to be valid and effective shall state that the Department of

1Highways has expressed its desire in writing not to adopt and
2take over such highway as a State highway. Any such statement in
3the ordinance or resolution shall be conclusive.

4Section 2. Where on any such highway so authorized to be
5adopted and taken over the facilities of any public utility were
6constructed across such highway, at grade or above or below
7grade, or at the same or different levels or the highway was
8constructed across the facilities of any public utility, in
9either event without prior order of the Pennsylvania Public
10Utility Commission, the adoption procedure shall not be deemed
11to have been completed until an order has been first obtained
12from said commission, under and in accordance with the Public
13Utility Law approving such crossing, or which shall determine
14and prescribe the points at which and the manner in which such
15crossing shall be constructed, altered, relocated or abolished,
16or the manner and conditions in or under which the crossing
17shall be maintained, operated and protected, to effectuate the
18prevention of accidents and the promotion of the safety of the
19public.

20Section 3. Whenever a road or highway is adopted and taken
21over under the provisions of this act, the Department of
22Highways or unit of government adopting the same as a public
23road or highway, shall cause a description and plan thereof to
24be made, showing the center line of the road or highway and the
25established width thereof, as fixed at the time when the same
26was established as a highway in the exercise of the war power,
27and shall cause such description and plan to be acknowledged by
28the officer or agent of the department or unit of government
29making such description and plan. Thereupon such description,
30plan and acknowledgment shall be recorded in the office of the

1recorder of deeds of the county in which the road or highway is
2located in the book in which descriptions of highways are
3recorded. The Department of Highways or unit of Government shall
4also enter such description and plan on any general plan of its
5highways, roads, streets and alleys which it is required by law
6to maintain.

7Section 4. Any highway adopted and taken over under the
8provisions of this act shall thereafter be a public road or
9highway as fully to all intents and purposes as though the same
10had been laid out, opened and constructed under and in
11accordance with the laws of this Commonwealth.]

12Section 2. This act shall take effect in 60 days.