Pennsylvania Act 1919-305 — TUNNELS, RIGHT TO CONSTRUCT GRANTED TO CORPORATIONS

Act text

TUNNELS, RIGHT TO CONSTRUCT GRANTED TO CORPORATIONS
                  Act of Jul. 8, 1919, P.L. 759, No. 305              Cl. 52
                                  AN ACT

     Granting the right and lawful authority to corporations to
        construct, operate, and maintain tunnels under the bed of
        navigable streams where necessary to reach their coal supply,
        subject to the approval of the Water Supply Commission.

        Section 1.  Be it enacted, &c., That from and after the
     passage of this act, whenever the power or manufacturing or
     mining plant of any company, heretofore or hereafter
     incorporated under the laws of the Commonwealth of Pennsylvania,
     is situated upon or near the bank of any navigable stream within
     this Commonwealth, and such company has the right, either as the
     owner in fee or by lease or other arrangements, to mine coal
     from or under lands adjoining or adjacent to the opposite bank
     of said navigable stream, or is the owner of a majority of the
     capital stock of any company that has the right, either as owner
     in fee or by lease or other arrangement, to mine coal from or
     under lands adjoining or adjacent to such opposite bank of said
     navigable stream, such company shall have the right and lawful
     authority to construct, operate, and maintain tunnels under said
     navigable stream, so as to connect said coal lands, and any mine
     operated in connection with said coal lands, with said power or
     mining plant of said company: Provided, however, Before any
     company begins the construction of any tunnel, it shall make
     application to, and secure the approval of, the Water and Power
     Resources Board or such other authority as shall, at the time of
     such application, have jurisdiction over navigable streams under
     the laws of the Commonwealth of Pennsylvania the same as now
     vested in said Water and Power Resources Board: Provided,
     however, That said corporation or corporations, constructing
     said tunnel or tunnels, shall pay to the Commonwealth of
     Pennsylvania the fair market value for all coal mined in
     constructing said tunnel or tunnels.
        (1 amended July 1, 1937, P.L.2526, No.465)