Pennsylvania Act 1876-118 — SUPPLEMENTARY ACT, ROADS AND HIGHWAYS

Act text

SUPPLEMENTARY ACT, ROADS AND HIGHWAYS
                  Act of May 8, 1876, P.L. 145, No. 118               Cl. 36
                               A SUPPLEMENT

     To an act, entitled "An Act relating to the assessment of
        damages arising from the opening of roads and highways and
        the construction of bridges," approved the fourteenth day of
        May, eighteen hundred and seventy-four.

        Section 1.  Notice to auditors; duty to procure release, or
     assess damages; appeals
        In the several counties of this Commonwealth, where by
     existing laws the duty of laying out public roads or highways is
     imposed upon the supervisors or commissioners of roads and
     highways of the respective townships, it shall be the duty of
     said supervisors or commissioners whenever they have decided to
     report in favor of laying out a road, to notify the auditors of
     the said township of such decision; and thereupon the said
     supervisors or commissioners together with said auditors, shall
     endeavor to obtain releases from claims for damages as is
     provided in the act to which this is a supplement, (act 1874,
     May 14, p.l. 164.)and upon their failure to procure such
     releases from all the persons through whose improved land they
     have decided to lay out a road, it shall be their duty to assess
     the damages, if any have been sustained by the persons not
     releasing as aforesaid, and to file the same and all releases
     obtained with their report in favor of opening said road with
     the clerk of the proper township; and any person interested who
     may feel aggrieved by the assessment of damages to him, may at
     any time after said reports have been filed and within thirty
     days after said road has been opened, appeal from said
     assessment of damages to him in the manner now provided by law:
     Provided, However, that whenever a continuous road, or highway
     through different townships is laid out, said releases shall be
     obtained or damages assessed by the supervisors or commissioners
     and auditors of the township in which the improved land lies
     through which said road or highway is laid.  1876, May 8, P.L.
     145, Sec.1.
        Section 2.  Damages for roads formerly laid out
        Where roads have heretofore been laid out by said supervisors
     or commissioners, but not opened, and neither releases obtained
     nor damages assessed, it shall be the duty of the clerk of the
     proper township upon the request, in writing, of any one
     interested, to notify the supervisors or commissioners and
     auditors of the township of said request, and it shall,
     therefore, be the duty of said supervisors and auditors, or
     commissioners and auditors, as the case may be, as soon as
     practicable, to endeavor to obtain releases or assess damages as
     is provided in section one of this act and file the same with
     said clerk, and upon their being so filed, they shall have the
     same effect, as if filed with the report laying out the road:
     provided, that this act shall not be so construed as to repeal
     any local or special law.  1876, May 8, P.L. 145, Sec. 2.