Pennsylvania Act 1905-206 — HIGHWAY GRADE CROSSINGS, VACATION AND REPLACEMENT

Act text

HIGHWAY GRADE CROSSINGS, VACATION AND REPLACEMENT
                 Act of Apr. 22, 1905, P.L. 295, No. 206              Cl. 36
                                  AN ACT

     Authorizing vacation of public highways at grade crossings over
        railroads, and the opening of undergrade or overgrade
        crossings in lieu thereof, by the court of quarter sessions.

        Whereas, The vacation of grade crossings over railroads, and
     substitution of undergrade or overgrade crossings, will prevent
     destruction of life and property, and is demanded by public
     policy; but, owing to the laws of the State relating to opening
     and vacating of public highways, is attended with delays, and is
     often impracticable; therefore:

        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 206 is repealed insofar as it relates to third
            class cities.
        Compiler's Note:  Section 1301(c) of Act 192 of 1915 provided
            that Act 206 is repealed insofar as it relates to
            boroughs.
        Compiler's Note:  Section 1500 of Act 319 of 1917 provided
            that Act 206 is repealed insofar as it relates to
            townships.
        Section 1.  Be it enacted, &c., That wherever any railroad is
     or shall be crossed at grade by a public road, street, or
     highway, and the railroad company shall have constructed or
     shall construct, or there shall have been or shall be
     constructed by others, with such company's consent, an
     undergrade subway or an overgrade bridge or crossing,
     sufficiently near said public crossing to reasonably accommodate
     the traveling public, the court of quarter sessions of the
     county in which the said crossing exists, upon petition of said
     railroad company or other persons, may, if satisfied that said
     undergrade subway or overgrade bridge or crossing reasonably
     accommodates the traveling public, after notice to any
     corporation using or occupying or authorized to use or occupy
     the street, proposed to be vacated, with tracks, wires, pipes or
     conduits, and, by rule to show cause, to the supervisors if the
     said crossing is in a township, or to the burgess or mayor if
     said crossing is in a borough or city, and after testimony,
     taken either in open court or by deposition, as the court may
     direct, order that said road, street, or highway where it
     crosses said railroad at grade, and its approaches on both
     sides, shall be vacated, and that the said undergrade crossing
     or subway or the overgrade bridge or crossing and its approaches
     on both sides, substituted therefor, shall be a public highway,
     and be maintained by the proper authorities; and any company
     which had rights in or upon the street so vacated shall have,
     and be permitted to exercise, the same rights upon said streets,
     highways, bridges, and subways so opened, and to connect the
     same with its system without obtaining further authority or
     consent.