act-1933-0-296•Pennsylvania Act 1933-296 — MINING COAL UNDER STATE LANDS - SUBSIDENCE REGULATION
Pennsylvania Act 1933-296 — MINING COAL UNDER STATE LANDS - SUBSIDENCE REGULATION
act-1933-0-2961933 Pa. Act 296Law
Act text
MINING COAL UNDER STATE LANDS - SUBSIDENCE REGULATION
Act of Jun. 1, 1933, P.L. 1409, No. 296 Cl. 52
AN ACT
Authorizing the creation of State mining commissions, with
judicial powers, to have exclusive jurisdiction with certain
exceptions over the mining of coal within or under land,
easements or right of ways purchased, condemned or otherwise
acquired by the Commonwealth, and over the assessment and
award of benefits, improvements, and damages for coal
required to be left in place by reason of the obligation to
furnish support for land, easements or right of ways
purchased, condemned or otherwise acquired by the
Commonwealth, whether the damages are payable by the
Commonwealth or a county or a municipality; authorizing
counties and municipalities to enter into agreements to
indemnify or reimburse the Commonwealth for damages to its
lands, easements or right of ways caused by the removal of
coal under or adjacent thereto; waiving vertical and lateral
support therefor under certain conditions; reserving the
right to acquire absolute vertical and lateral support;
reserving the power to establish detours for the removal of
coal underlying State highways; providing for appeals to the
courts of common pleas from orders assessing damages for coal
required to be left in place.
(Title reenacted and amended July 3, 1941, P.L.259, No.120)
Section 1. Be it enacted, &c., That whenever the
Commonwealth has heretofore acquired or may hereafter acquire
lands, easements or right of ways underlaid by mineable coal,
the State Mining Commission created in accordance with the
provisions of this act upon application of the Commonwealth, the
county or the municipality within which such lands, easements or
right of ways are situated or the owner of the coal underlying
such lands, or the person entitled to remove the same in case
the assessment of damages is desired, or of the owner or person
entitled to remove the coal only if the removal of the coal is
desired in lieu of damages, is hereby empowered to determine,
authorize, and direct the underlying or adjacent coal, if any,
to be left in place for the purpose of furnishing vertical or
lateral support to said land, easement or right of way, the
underlying or adjacent coal, if any, which may be removed, and
the material, if any, to be substituted for the coal so removed,
together with the method and manner of placing such material in
the mine workings, for the purpose of furnishing both vertical
and lateral support to such land, easement or right of way and
the party or parties by whom the expense thereof shall be paid.
The application on behalf of the Commonwealth shall be made by
the department, board or commission of the State government
having jurisdiction over the particular land, easement or right
of way underlaid by mineable coal. The president judge of the
court of common pleas of the county in which the land, easement
or right of way is situated, who shall be the chairman thereof,
one member of the Public Utility Commission or an engineer
designated by it, the Secretary of Mines or his designated
representative, the head of the department, board or commission
of the State government owning the lands, easements or right of
ways in question or his designated representative, and an
engineer designated by the owner or person entitled to remove
the coal, are hereby constituted a special commission to be
known as the State Mining Commission. This commission shall have
exclusive jurisdiction of the mining of coal under lands,
easements and right of ways purchased, condemned or otherwise
acquired by the Commonwealth and judicial powers to hear and
determine all evidence which may be presented; to compel the
attendance of witnesses and the production of books, records,
and other information by subpoena; to conduct such
investigations as it may deem necessary; to make and enforce
such orders, decrees and rules of procedure as it may deem
advisable; to determine and assess damages, if any, for coal
required by the said Commission to be left in place and
benefits, if any, for improvements or betterments; to allocate
among the parties in interest the cost of its proceedings as
well as any work which it may order performed; and to enforce
its orders and decrees through the court of common pleas of the
county in which the lands, easements and right of ways
purchased, condemned or otherwise acquired by the Commonwealth
is situated. The proceedings before the Commission, including
all notes of testimony and exhibits, shall be filed and docketed
in the office of the prothonotary of the said court of common
pleas at the expense of the county. A majority of the
commission, of which the chairman must be one, may act for and
exercise the powers of the commission. All parties in interest
shall have the same right of appeal from decisions, orders and
decrees of the State Mining Commission as now or hereafter
provided for appeals from the decisions, orders and decrees of
courts of common pleas: Provided, That in case of an appeal from
an award by the commission of compensation for damages resulting
from an appropriation of property under the provisions of this
act the appeal shall, in case any party is entitled to demand a
jury trial under section eight of Article sixteen of the
Constitution of this Commonwealth, be to the courts of the
proper county thereof.
(1 reenacted and amended July 3, 1941, P.L.259, No.120;
repealed in part June 3, 1971, P.L.118, No.6)
Section 2. The condemnation or acquisition of any land,
easement or right of way by the Commonwealth as hereinabove
provided, shall not be considered as including the condemnation
or acquisition of any coal which may be removed under the terms
of any agreement, decision, order or decree authorized by this
act.
(2 reenacted and amended July 3, 1941, P.L.259, No.120)
Section 3. Any damages sustained by the owner of the coal,
or the person entitled to remove the same, as a result of any
obligation to furnish vertical and lateral support arising
because of the acquisition of such land, easement or right of
way by the Commonwealth which obligation did not exist prior to
the date of such acquisition, shall be determined by the State
Mining Commission in accordance with the provisions of this act.
Such damages as finally determined shall be paid by the
Commonwealth, the county or the municipality in accordance with
existing laws, and the damages payable by the Commonwealth shall
be payable out of funds appropriated to the department, board or
commission for the purchase, condemnation or other acquisition
of the lands, easements or right of ways under consideration.
Any county or municipality which may be liable for damages for
coal required to be left in place for the support and safety of
lands, easements or right of ways owned by the Commonwealth as
herein set forth, shall have authority to enter into agreements
to indemnify the Commonwealth for any damages, or reimburse it
for the replacement of any structure or other improvement which
may be injured or destroyed by the removal of coal under or
adjacent to lands, easements or right of ways owned by the
Commonwealth. This act shall not be construed to create any new
right of action for damages or any right of action or procedure,
not existing or available at the time of the original
acquisition of such easement.
(3 reenacted and amended July 3, 1941, P.L.259, No.120)
Section 4. Except as hereinafter specifically provided by
this act, vertical and lateral support by underlying code for
any land, easement or right of way purchased, condemned or
otherwise acquired by the Commonwealth is waived, (1) (a)
Whenever the State Mining Commission finds that the cost of
restoring any possible subsidence or replacing any damage to
structures or other improvements on such land, easement or right
of way is less than the amount payable for damages for coal
required to be left in place in order to furnish such vertical
or lateral support, or (b) if no damages are payable by reason
of the failure of the party or parties entitled thereto to
institute proper proceedings to recover the same, within the
period prescribed by law, whenever the owner or person entitled
to remove the coal shall enter into an agreement to indemnify
the Commonwealth for any damages, or reimburse it for the
replacement of any structure or other improvement, which may be
injured or destroyed by the removal of coal owned or adjacent to
lands, easements or right of ways owned by the Commonwealth, and
(2) Whenever the commission finds from the evidence before it
that such waiver of support and the removal of coal will not
result in loss of life or personal injury to persons properly
using said land, easement or right of way.
(4 amended June 1, 1945, P.L.1335, No.430)
Section 5. Nothing in this act shall be construed to prevent
the Department of Highways from entering into agreements with
the owner of the coal underlying any State highway for the
establishment of detours to permit the removal of such coal and
the substitution therefor of other materials for the furnishing
of vertical or lateral support to such State highway.
(5 reenacted and amended July 3, 1941, P.L.259, No.120)
Section 6. Nothing in this act shall be construed to prevent
any department, board or commission of the State government from
purchasing, condemning or otherwise acquiring the absolute right
of support for any lands, easements or right of ways purchased,
condemned or acquired in the name of the Commonwealth, and
damages sustained by the owner of underlying coal or the person
entitled to remove the same shall be determined and paid in
accordance with existing laws relating to the purchase,
condemnation or other acquisition of lands, easements and right
of ways by the Commonwealth.
(6 reenacted and amended July 5, 1941, P.L.259, No.120)
Section 7. This act shall apply in all counties of the
Commonwealth.
(7 reenacted and amended July 3, 1941, P.L.259, No.120)
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