Pennsylvania Act 1893-247 — RIPARIAN RIGHTS OF FIRST CLASS CITIES

Act text

RIPARIAN RIGHTS OF FIRST CLASS CITIES
                  Act of Jun. 3, 1893, P.L. 281, No. 247              Cl. 11
                               A SUPPLEMENT

     To "An act empowering councils in cities of the first-class to
        revise and establish the line for wharves and piers and low
        water mark or bulkhead lines on the Delaware river in front
        of cities of the first class," approved June eighth, one
        thousand eight hundred and ninety-one, and to further
        authorize the acquisition by said cities of wharves, piers,
        bulkheads and riparian rights, and to prescribe and carry out
        the plans for the construction of said wharves, piers and
        bulkheads.

        Section 1.  Cities of first class may purchase, alter or
     modify certain riparian properties; restrictions
        It shall and may be lawful for cities of the first class to
     purchase and hold, in fee simple, any and all properties and
     improvements extending into the navigable streams in front of
     said cities, and the rights and privileges appertaining thereto,
     and to totally remove, alter or modify the location, dimensions
     or character of construction of the same, in conformity with the
     plans and lines established by the Secretary of War, under the
     authority of Congress, in order to improve and further the
     commercial interests of the said cities, and of this
     commonwealth: Provided, That such action shall be taken only in
     pursuance to and in conformity with the recommendation of the
     board of harbor commissioners, approved by the board of port
     wardens: And provided further, That such action shall be taken
     only in pursuance to ordinances therefor duly enacted by the
     councils of said cities, which said ordinances shall clearly
     define the character and extent of the treatment of said
     properties and improvements respectively, so to be acquired for
     said purposes.  1893, June 3, P.L. 281, Sec. 1.
        Section 2.  Notice of order to alter or modify to be given to
     owner; property to be condemned by city on refusal of owner;
     compensation
        Before such recommendation shall be made by the said boards,
     they shall give due notice to the owner or owners of the
     properties to be affected, that such recommendation is
     contemplated, and that the parties will be heard in relation
     thereto, and when such recommendation as aforesaid, after such
     hearing shall have been made to councils, and an ordinance
     passed in pursuance thereto, the owner or owners of the
     properties to be affected shall have notice, in writing, given
     to him or them by the Department of Public Works, of the fact
     that such properties will have to be removed, altered or
     modified, and of all the particulars of the treatment to be
     accorded to the same, as embraced in the said ordinance, and
     should the owner or owners, after the receipt of said notice,
     fail for the period of six months thereafter, to commence and
     prosecute the work of removal or reconstruction, as prescribed
     in the said notice, said cities shall have power to condemn and
     appropriate said properties and improvements, and riparian
     rights, and the fee simple thereto shall become vested in the
     said cities for the purposes as recited in the first section of
     this act: Provided, That the owner or owners of said properties
     and rights so purchased or taken shall receive compensation
     therefor, in the mode provided for ascertaining damages, by
     reason of change of grade of streets in cities of the first
     class, excepting that there shall be no assessment of benefits
     upon properties in the immediate vicinity.  1893, June 3, P.L.
     281, Sec. 2.
        Section 3.  That within thirty days after the passage of the
     ordinance or ordinances above recited, said owner or owners
     shall have the right to petition the court of common pleas of
     the county in which such city may be situated, setting forth the
     facts of the case and the ground of the petitioner's complaint,
     and thereupon said court, after having caused due notice of the
     presentation of said petition and of the time fixed for the
     hearing thereof to be given to the parties in interest, shall
     proceed to hear and determine said matter of said petition and
     shall declare either that said ordinance shall be operative or
     inoperative and make such order for the payment of costs as
     justice may require. (3 repealed in part Jun. 3, 1971, P.L.118,
     No.6)
        Section 4.  Limitation of condemnation proceedings in certain
     cases
        In all cases where the treatment of the respective properties
     involves merely the removal of an existing wharf or pier to the
     bulkhead or arbitrary low-water line, and the owner of the wharf
     or pier so to be removed is also the owner of the bulk-head,
     wharf or riparian rights adjoining to and extending beyond the
     riparian rights attached and belonging to such wharf or pier, so
     to be removed, the condemnation proceedings above referred to
     shall extend only to the acquisition of the materials composing
     said wharf or pier so to be removed, and damages for the
     appropriations and removal of the same only shall be assessed
     and paid, the purpose of this provision being to leave in the
     riparian owner or owners all the legal rights and privileges
     appertaining to said bulk-heads, the same to be exercised by him
     or them under the laws of this Commonwealth.  1893, June 3, P.L.
     281, Sec. 4.