PRINTER'S NO. 2949
No. 2160 Session of 1984
INTRODUCED BY MAYERNIK AND TRELLO, MAY 14, 1984
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 14, 1984
AN ACT
1 Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
2 "An act relating to roads, streets, highways and bridges;
3 amending, revising, consolidating and changing the laws
4 administered by the Secretary of Highways and by the
5 Department of Highways relating thereto," further providing
6 for State responsibilities for detours over roads under the
7 jurisdiction of municipalities.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 423 of the act of June 1, 1945 (P.L.1242,
11 No.428), known as the State Highway Law, is amended to read:
12 Section 423. Detours.--(a) When any State highway shall be
13 closed, it shall be the duty of the department to immediately
14 designate or lay out a detour, on which it shall erect or cause
15 to be created and maintained, while such detour is in use,
16 legible signs at each public road intersection throughout its
17 entire length, indicating the direction to the main highway.
18 During the period when such detour is in use, the detour shall
19 be a State highway and it shall be the duty of the department to
20 maintain such detour in safe and passable condition until such
1 time as the road is returned to the jurisdiction of the
2 municipality. It shall also be the duty of the department to
3 remove all detour signs immediately upon the opening for traffic
4 of the highway originally closed.
5 (b) The department shall, as soon as possible, repair the
6 road designated as a detour, and place same in a condition at
7 least equal to its condition when designated as a detour.
8 (c) After any necessary repair is complete, an agreement
9 shall be executed between the department and the municipality
10 removing the road from the State highway system and returning
11 said road to municipal jurisdiction. If an agreement cannot be
12 executed because of disagreement concerning the condition of the
13 roadway to be returned to municipal jurisdiction, the department
14 or municipality may petition the court to ascertain if the
15 condition of the roadway in question would require the execution
16 of the agreement transferring jurisdiction or if further repairs
17 were warranted. If the court finds further repairs to be
18 required to meet the conditions of this section, the court may
19 then direct the department to make the necessary repairs. Upon
20 determination of the court that such repairs were completed in a
21 satisfactory manner, the transferring agreement shall then be
22 executed by the parties.
23 (d) Whenever necessary in the creation of a detour, the
24 department may enter into agreement with the owners of private
25 lands, covering the acquisition of right of way privileges over
26 private property for the period when the main highway shall be
27 closed to traffic. In case no agreement satisfactory to the
28 parties can be reached, the department may proceed with the
29 construction of the same, and either the department or the owner
30 of the property occupied may petition the court for the
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1 appointment of viewers to ascertain the damages, if any, in the
2 same manner as provided by Article III of this act.
3 Section 2. This act shall take effect in 60 days.
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