Pennsylvania Act 1893-97 — CITIES, PURCHASE, USE, MAINTENANCE, CONDEMNATION OF BRIDGES

Act text

CITIES, PURCHASE, USE, MAINTENANCE, CONDEMNATION OF BRIDGES
                  Act of May 26, 1893, P.L. 154, No. 97               Cl. 11
                                  AN ACT

     Authorizing cities of the Commonwealth of Pennsylvania to
        purchase, maintain, use and condemn, bridges erected and in
        use over rivers and streams separating or dividing any part
        or district of such cities, and providing the manner in which
        compensation shall be made.

        WHEREAS, In cities of this Commonwealth sections or districts
     thereof are divided and separated from each other by rivers and
     streams of water, rendering bridges necessary for the connection
     of the same in order that the inhabitants may have access to
     each part.
        And whereas, Many of such bridges have been erected and are
     operated by private corporations and the tolls thereon have
     become burdensome to the people, and it is desirable such cities
     should have the ownership of and control of such bridges to make
     the same free for the people, therefore;

        Section 1.  Power of cities to purchase or appropriate
        Whenever any city of this Commonwealth shall be divided or
     separated in any of its territorial sections or parts by
     intervening rivers or streams of water it shall be lawful, and
     the right is given to such city or cities, to purchase, enter
     upon, take, use, hold and appropriate such bridge or bridges,
     together with the approaches and appurtenances thereto, lying
     within the corporate limits of such cities as shall have been
     erected and now in use over such rivers or streams of water so
     dividing and separating the sections or parts aforesaid.
     Whenever the councils of such cities shall determine upon the
     purchase, appropriation or condemnation of such bridge or
     bridges, approaches and appurtenances, it shall be so expressed
     by ordinance or joint resolution of such councils.  1893, May
     26, P.L. 154, Sec. 1.
        Section 2.  Bond for damages
        If the compensation to be paid for such bridge cannot be
     agreed upon between the owners thereof and such cities, it shall
     be lawful for such city, or cities, to tender the bond thereof
     as security to the person, firm or corporation claiming or
     entitled to compensation, or to the attorney or agent of any
     absent person, or to the agent or officers of a corporation, or
     to the guardian or committee of any one under legal incapacity,
     the conditions of which shall be that the said city shall pay or
     cause to be paid such amount of damages or compensation as the
     person, firm or corporation, as the case may be, shall be
     entitled to receive after the same shall be agreed upon or
     assessed in the manner provided in this act; in case the party
     or parties claiming damages or compensation refuse or do not
     accept the security so tendered, such city shall then give the
     party, his or their agent, attorney, guardian or committee,
     written notice of the time when the same will be presented in
     the court for approval, and thereafter the said city may present
     said security to any court of common pleas of the county wherein
     such bridges are located and used, and when approved, the said
     security shall be filed in said court for the benefit of those
     interested, and recovery may be had thereon for the amount of
     damages or compensation assessed, if the same be not paid, or
     cannot be made by execution on the judgment in the issue formed
     to try the question, and upon the approval of said security said
     city may enter upon, appropriate, take, hold, use and control
     such bridge or bridges.  1893, May 26, P.L. 154, Sec. 2.
        Section 3.  Appointment of viewers; their duties
        In case the compensation for damages accruing from such
     appropriation, taking, holding and using, have not been agreed
     upon, any court of common pleas of the proper county, or any law
     judge thereof in vacation, on application thereto by said city
     or any person interested, shall appoint three discreet and
     disinterested freeholders as viewers, and appoint a time not
     less than ten nor more than twenty days thereafter, when said
     viewers shall meet and view the said bridges. The said viewers
     shall give at least ten days' notice in writing of the time of
     their first meeting to the owners, agents, officers, attorneys
     or representatives of the person interested, or such other
     notice as the court may direct.
        The said viewers having been first duly sworn or affirmed
     faithfully, justly and impartially, to decide and true report to
     make concerning all matters and things to be submitted to them
     and in relation to which they are authorized to inquire under
     the provisions of this act, and having viewed the property and
     structure, shall hear all parties interested and their witnesses
     and shall estimate and determine the damages for the property so
     taken, appropriated, held and used, to whom the same are
     payable; they shall give at least ten days' notice thereof, in
     the manner herein provided, to all parties interested, of the
     time and place when said viewers will meet and exhibit said
     report and hear all exceptions thereto.
        After making whatever changes are deemed right and proper the
     said viewers, or any two of them, shall make report to the
     court, showing the amount of damages or compensation allowed,
     and to whom payable, and shall file therewith a plan showing the
     location of said bridge, or bridges, so taken and appropriated.
     1893, May 26, P.L. 154, Sec. 3.
        Section 4.  Proceedings upon report of viewers
        Upon the report of said viewers or any two of them, being
     filed in said court, any party interested may, within thirty
     days thereafter, file exceptions to the same, and the said court
     shall have power to confirm said report or to modify, change or
     otherwise correct the same, or refer the same back to the same
     or new viewers with like power as to their report.  Or within
     thirty days from the filing of such report in court any party
     interested may, appeal and demand a trial by jury, and any party
     so interested may, within thirty days after final decree, have
     an appeal to the supreme court.  If no exceptions are filed, or
     no demand made for trial by jury within said thirty days after
     the filing of said report, the same shall become absolute.
        The said court of common pleas shall have power to order what
     notices shall be given in connection with any part of said
     proceedings and may make all such orders as it may deem
     requisite. 1893, May 26, P.L. 154, SEc. 4.
        Section 5.  When viewers may be appointed; oaths; costs
        The viewers provided for in the foregoing sections may be
     appointed before, or at any time after, the entry upon, taking
     and appropriating of such property.  They shall have power to
     administer oaths or affirmations to all parties and witnesses.
        The costs of the viewers and all court costs incurred in the
     proceedings aforesaid shall be defrayed by said city, and each
     of the said viewers shall be entitled to a sum not exceeding
     five dollars per day for every day necessarily employed in
     performance of the duties herein prescribed.  1893, May 26, P.L.
     154, Sec. 5.