PRINTER'S NO. 4278
No. 2792 Session of 2004
INTRODUCED BY BISHOP, DeWEESE, GOODMAN, STABACK, THOMAS,
HENNESSEY, WALKO, BEBKO-JONES, DeLUCA, CURRY, YOUNGBLOOD,
PISTELLA, KIRKLAND AND WASHINGTON, JULY 2, 2004
REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 2, 2004
AN ACT
1 Amending the act of May 16, 1891 (P.L.75, No.59), entitled "An
2 act in relation to the laying out, opening, widening,
3 straightening, extending or vacating streets and alleys, and
4 the construction of bridges in the several municipalities of
5 this Commonwealth, the grading, paving, macadamizing or
6 otherwise improving streets and alleys, providing for
7 ascertaining the damages to private property resulting
8 therefrom, the assessment of the damages, costs and expenses
9 thereof upon the property benefited, and the construction of
10 sewers and payment of the damages, costs and expenses
11 thereof, including damages to private property resulting
12 therefrom," further providing for powers of municipal
13 corporations.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 1 of the act of May 16, 1891 (P.L.75,
17 No.59), entitled "An act in relation to the laying out, opening,
18 widening, straightening, extending or vacating streets and
19 alleys, and the construction of bridges in the several
20 municipalities of this Commonwealth, the grading, paving,
21 macadamizing or otherwise improving streets and alleys,
22 providing for ascertaining the damages to private property
23 resulting therefrom, the assessment of the damages, costs and
1 expenses thereof upon the property benefited, and the
2 construction of sewers and payment of the damages, costs and
3 expenses thereof, including damages to private property
4 resulting therefrom," amended June 12, 1893 (P.L.459, No.329),
5 is amended to read:
6 Section 1. (a) That all municipal corporations of this
7 Commonwealth shall have power, whenever it shall be deemed
8 necessary in the laying out, opening, widening, extending,
9 grading or changing grade or lines of streets, lanes or alleys,
10 the construction of bridges and the piers and abutments
11 therefor, the construction of slopes, embankments and sewers,
12 the changing of water courses or vacation of streets or alleys,
13 to take, use, occupy or injure private lands, property or
14 material, and in case the compensation for the damages or the
15 benefits accruing therefrom have not been agreed upon, any court
16 of common pleas of the proper county, or any law judge thereof
17 in vacation, on application thereto by petition by said
18 municipal corporation or any person interested, shall appoint
19 three discreet and disinterested freeholders as viewers, and
20 appoint a time not less than twenty nor more than thirty days
21 thereafter when said viewers shall meet upon the line of the
22 improvement and view the same and the premises affected thereby.
23 The said viewers shall give at least ten days' notice of the
24 time of their first meeting by publication in one or more
25 newspapers of said corporation of the county in which it is
26 situate, and where the publication is in more than one
27 newspaper, one of said newspapers may be in the German language,
28 and by handbills posted upon the premises, or otherwise, as the
29 said court shall direct, having regard to the circumstances of
30 the case.
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1 (b) Municipal corporations shall also have the power to
2 condemn privately owned structures which are no longer occupied
3 by the owner or a tenant, are in poor condition and are unlikely
4 to be restored by their owner or whose owner is unknown.
5 Section 2. This act shall take effect in 60 days.
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