act-1937-0-425•Pennsylvania Act 1937-425 — NAVIGABLE WATERS, RIGHTS IN
Pennsylvania Act 1937-425 — NAVIGABLE WATERS, RIGHTS IN
act-1937-0-4251937 Pa. Act 425Law
Act text
NAVIGABLE WATERS, RIGHTS IN
Act of Jun. 25, 1937, P.L. 2116, No. 425 Cl. 32
AN ACT
Declaring certain rights, grants, and privileges in the beds of
navigable waters, within and on the boundaries of this
Commonwealth, void; vesting power in the Department of
Forests and Waters, the Water and Power Resources Board, and
the Pennsylvania State Park and Harbor Commission to revoke
and declare void such rights, grants, and privileges, and
providing the procedure in such cases.
WHEREAS, The recent floods have directed attention to the
fact that unregulated encroachments and grants of land under
navigable streams have so narrowed the flood carrying capacity
of the waters of the Commonwealth as to endanger public
security; and
WHEREAS, The land underlying such navigable waters is held by
the Commonwealth in trust for the public generally, and all
grants thereof heretofore made, however broadly worded, are to
be held revocable whenever the public interests so require;
therefore,
Section 1. Be it enacted, &c., That any right, grant or
privilege heretofore or hereafter granted or given, by the
Commonwealth of Pennsylvania, in the bed of any navigable waters
within or on the boundaries of this Commonwealth, is hereby
declared void, whenever the same becomes or is deemed derogatory
or inimical to the public interest, or fails to serve the best
interests of the Commonwealth.
Section 2. The Department of Forests and Waters, acting
directly or through the Water and Power Resources Board, and, in
the case of Lake Erie, by or through the Pennsylvania State Park
and Harbor Commission, is hereby invested with power and
jurisdiction to determine, as a fact, when any such right, grant
or privilege has become, or is to be deemed, derogatory or
inimical to the public interest, or fails to serve the best
interests of the Commonwealth. Any such determination shall only
be made after full hearing, of which the person, firm or
corporation, having or claiming the right, grant or privilege,
shall have due notice and an opportunity to be heard. If, after
such hearing, the Department of Forests and Waters, the Water
and Power Resources Board or the State Park and Harbor
Commission shall find and determine that any such right, grant
or privilege is derogatory or inimical to the public interest,
or fails to serve the best interests of the Commonwealth, such
right, grant or privilege shall be deemed to be revoked,
pursuant to section one hereof, and, upon service of the order
of revocation in the manner in which a summons of the court of
common pleas is served, the right, grant or privilege possessed
in the bed of such navigable waters shall cease and terminate.
Section 3. (3 repealed June 3, 1971, P.L.118, No.6)
Section 4. This act shall become effective immediately upon
its final enactment.
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