Pennsylvania Act 1907-315 — CITIES AUTHORIZED TO ACQUIRE PROPERTY FOR PARKS

Act text

CITIES AUTHORIZED TO ACQUIRE PROPERTY FOR PARKS
                  Act of Jun. 8, 1907, P.L. 466, No. 315              Cl. 11
            (Act repealed in so far as relates to third class
                 cities, Jun. 23, 1931, P.L.932, No.317)

                                  AN ACT

     Authorizing cities of this Commonwealth to purchase, acquire,
        take, use, and appropriate private property, for the purposes
        of making, enlarging, extending, and maintaining public
        parks, parkways, and playgrounds; authorizing the said cities
        to purchase, acquire, take, use, and appropriate neighboring
        private property, within two hundred feet of the boundary
        lines of such public parks, parkways and playgrounds, in
        order to protect the same by resale, with restrictions;
        authorizing the resale of such neighboring property, with
        such restrictions in the deeds of resale in regard to the use
        thereof as will protect such public park, parkways, and
        playgrounds; and providing for the manner of ascertaining,
        determining, awarding, and paying compensation and damages in
        all cases where property is taken, used, and appropriated for
        the said purposes.

        Section 1.  Be it enacted, &c., That it shall be lawful for,
     and the right is hereby conferred upon, the cities of this
     Commonwealth to purchase, acquire, enter upon, take, use, and
     appropriate private property, for the purpose of making,
     enlarging, extending, and maintaining public parks, parkways,
     and playgrounds within the corporate limits of such cities,
     whenever the councils thereof shall, by ordinance or joint
     resolution, determine thereon: Provided, That where such private
     property is outside of the city, it may be annexed thereto by
     ordinance of said city: And provided, That where any poorhouse
     properties are so taken, and such cities shall have made
     adequate provisions for thereafter accommodating and supporting
     the poor of the districts, wards, and townships within such
     cities, wherein such poorhouses are located, nominal damages
     only shall be allowed for such taking, and the land shall be
     held on condition that such city shall continue to make adequate
     provisions for the poor of such districts, wards, or townships.
        Section 2.  It shall be lawful for, and the right is hereby
     conferred upon, cities of this Commonwealth to purchase,
     acquire, enter upon, take, use, and appropriate neighboring
     private property, within two hundred feet of the boundary lines
     of such property so taken, used, and appropriated for public
     parks, parkways, and playgrounds, in order to protect the same
     by the resale of such neighboring property with restrictions,
     whenever the councils thereof shall, by ordinance or joint
     resolution, determine thereon: Provided, That in the said
     ordinance or joint resolution, the councils thereof shall
     declare that the control of such neighboring property, within
     two hundred feet of the boundary lines of such public parks,
     parkways, or playgrounds, is reasonably necessary, in order to
     protect such public parks, parkways, or playgrounds, their
     environs, the preservation of the view, appearance, light, air,
     health, or usefulness thereof.
        Section 3.  That it shall be lawful for, and the right is
     hereby conferred upon, the cities of this Commonwealth to resell
     such neighboring property, with such restrictions in the deeds
     of resale in regard to the use thereof as will fully insure the
     protection of such public parks, parkways, and playgrounds,
     their environs, the preservation of the view, appearance, light,
     air, health and usefulness thereof, whenever the councils
     thereof shall, by ordinance or joint resolution, determine
     thereon.
        Section 4.  The taking, using, and appropriating, by the
     right of eminent domain as herein provided, of private property
     for the purpose of making, enlarging, extending, and maintaining
     public parks, parkways, and playgrounds, and of neighboring
     property, within two hundred feet of the boundary lines of such
     public parks, parkways, and playgrounds, in order to protect
     such public parks, parkways, and playgrounds, their environs,
     the preservation of the view, appearance, light, air, health,
     and usefulness thereof, by reselling such neighboring property,
     with such restrictions in the deeds of resale as will protect
     said property, so taken for the aforesaid purpose, is hereby
     declared to be taking, using, and appropriating of such private
     property for public use: Provided, however, That the proceeds
     arising from the resale of any such property, so taken, shall be
     deposited in the treasury of said cities, and be subject to
     general appropriation by the councils of said city.
        Section 5.  In all cases wherein cities of this Commonwealth
     shall hereafter take, use, and appropriate private property for
     the aforesaid purposes, by ordinance or joint resolution, if the
     compensation and damages arising therefrom cannot be agreed upon
     by the owners thereof and such cities, such compensation and
     damages shall be considered, ascertained, determined, awarded,
     and paid in the manner provided in an act entitled "An act
     providing for the manner of ascertaining, determining, awarding,
     and paying compensation and damages in all cases where
     municipalities of this Commonwealth may hereafter be authorized
     by law to take, use, and appropriate private property for the
     purpose of making, enlarging, and maintaining public parks
     within the corporate limits of such municipality," approved the
     eighth day of June, Anno Domini one thousand eight hundred and
     ninety-five.
        Section 6.  All acts or parts of acts inconsistent herewith
     are hereby repealed.