PRINTER'S NO. 1576

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1201

Session of

2015

INTRODUCED BY TAYLOR, DIAMOND, MILLARD, BROWNLEE, ACOSTA,

THOMAS, COHEN, M. K. KELLER, W. KELLER, MARSICO, MILNE AND

ZIMMERMAN, MAY 13, 2015

located, extended or constructed by the Federal Government or

any agency thereof, in the exercise of the war power, and

providing the procedure therefor."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of May 21, 1943 (P.L.279, No.131),

entitled "An act authorizing the Department of Highways and

counties, cities, boroughs, towns and townships to adopt and

take over as public roads and highways, certain highways taken

over, located, extended or constructed by the Federal Government

located, extended or constructed by the Federal Government or

any agency thereof, in the exercise of the war power, and

providing the procedure therefor.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Whenever the Federal Government or any agency

thereof has, in the exercise of the war power, taken over any

existing public highway, and has or has not relocated the same

in whole or in part, and has or has not constructed an extension

thereof to a point not theretofore reached by a public highway,

laws of the Commonwealth applicable to State highways.

In any case where it shall appear that the Department of

Highways does not desire to adopt and take over any such highway

as a State highway, the same may be adopted and taken over in

like manner as a public road or highway by ordinance of the

corporate authorities of any city, borough, town or township of

the first class, or by resolution of the corporate authorities

of any county or any township of the second class in which the

same is located, which road or highway shall thereafter be

maintained and reconstructed by the unit of government making

Department of Highways, and the ordinance or resolution in order

to be valid and effective shall state that the Department of

Highways has expressed its desire in writing not to adopt and

take over such highway as a State highway. Any such statement in

the ordinance or resolution shall be conclusive.

Section 2. Where on any such highway so authorized to be

adopted and taken over the facilities of any public utility were

constructed across such highway, at grade or above or below

grade, or at the same or different levels or the highway was

constructed across the facilities of any public utility, in

crossing shall be constructed, altered, relocated or abolished,

or the manner and conditions in or under which the crossing

shall be maintained, operated and protected, to effectuate the

prevention of accidents and the promotion of the safety of the

public.

Section 3. Whenever a road or highway is adopted and taken

over under the provisions of this act, the Department of

Highways or unit of government adopting the same as a public

road or highway, shall cause a description and plan thereof to

be made, showing the center line of the road or highway and the

making such description and plan. Thereupon such description,

plan and acknowledgment shall be recorded in the office of the

recorder of deeds of the county in which the road or highway is

located in the book in which descriptions of highways are

recorded. The Department of Highways or unit of Government shall

also enter such description and plan on any general plan of its

highways, roads, streets and alleys which it is required by law

to maintain.

Section 4. Any highway adopted and taken over under the

provisions of this act shall thereafter be a public road or