|Posted:||April 17, 2019 02:59 PM|
|From:||Representative Matt Gabler|
|To:||All House members|
|Subject:||General Road Law Repeal 2019-20|
|In the near future, I will be introducing legislation to repeal obsolete portions of the Private Road Law (Act 169 of 1836), an outdated statute whose application has been greatly limited and altered by court decision.
The original 1836 law, which remains on our books despite the fact that it is now mostly inoperative, outlines procedures that would enable a landowner to demand road access across a neighboring private property.
In 2010, the Pennsylvania Supreme Court issued a ruling limiting the scope of the Private Road Law, stating that the law is in fact a manifestation of the power of eminent domain. In its ruling, the Court determined that the only constitutionally permissible use of the Act is if the public is the “primary and paramount beneficiary” of the taking of the land.
This legislation will repeal all language within the Private Road Law that provides for the creation of new roads across neighboring properties while leaving intact the language that provides for maintenance of existing roads.
Please join me in co-sponsoring this legislation that will clarify this law by removing obsolete and inoperative language from our books.
Previous sponsors: GABLER, JAMES, NEILSON, WARD, WHEELAND, ZIMMERMAN, RYAN AND SANKEY
Introduced as HB1335