Pennsylvania Act 1911-119 — PRIVATE ROADS

Act text

PRIVATE ROADS
                  Act of May 5, 1911, P.L. 167, No. 119               Cl. 36
                                  AN ACT

     To provide additional facilities and enlarge the rights of
        parties having private roads, or hereafter applying for the
        same, under the provisions of the act of fourth of April, one
        thousand nine hundred and one (Pamphlet Laws, sixty-five),
        and the act of seventeenth May, one thousand nine hundred and
        one (Pamphlet Laws, two hundred and fifty-nine), so that, in
        certain cases relating to mining operations, tramways and
        other devices, except steam locomotives, for moving products
        may be placed on such private roads.

        Whereas, A private road, laid out by virtue of proceedings in
     the court of quarter sessions under the provisions of the acts
     of fourth April, one thousand nine hundred and one, and
     seventeenth May, one thousand nine hundred and one, can only be
     used by teams of horses and wagons;
        And whereas, In the operation of mineral and other lands
     reached by said private roads, it would be more beneficial to
     use more modern and economic methods, which cannot be done under
     existing laws; therefore,--
        Section 1.  Be it enacted, &c., That when a private road has
     been laid out, or shall hereafter be laid out, in accordance
     with, and under authority of and proceedings under, act of
     fourth April, one thousand nine hundred and one, and act of
     seventeenth May, one thousand nine hundred and one, to reach
     bituminous coal, iron ore, fire clay, kaolin clays, stones,
     marbles, and sands, that, in addition to use of teams on said
     road, the parties owning or occupying, by lease or otherwise,
     lands containing said materials, may construct and operate,
     within and upon said private road, a tramway or tramways, or
     other devices, to move and carry, over, on and upon, said roads,
     the said materials mined and taken out of said lands: Provided,
     however, That nothing herein contained shall authorize or permit
     the operation of such tramway by locomotive: And provided
     further, That none of the provisions of this act shall apply to
     any private roadway over or across or adjoining farming lands.
        Section 2.  The party, firm, or corporation entitled to use
     such private road, so laid out, may give thirty days' notice to
     the owner or owners, or occupiers, of the land, over or under
     which such private road has been laid out and is used, of its or
     their intention to construct such tramway or other device over
     such private road; and thereupon such owner, owners, or
     occupiers may petition the court of quarter sessions of the
     peace of the proper county to appoint three disinterested
     persons as viewers, to view the location of such tramway or
     other device for carrying the product of such mines, and to
     consider and determine the amount of damages, if any, that may
     be caused by the construction and operation of such tramway or
     other device over such private road, and report their findings
     under oath, to said court, within thirty days after the date of
     such view, which date and time shall be fixed by the court when
     making such appointment.
        Section 3.  If the viewers shall report that any damages will
     be sustained by the owners or occupiers of such land, by reason
     of the construction or operation of such tramway or other
     devices for the carrying the product of such mines, the party or
     corporation giving the notice of its or their intention to
     construct such tramway or other device shall, either immediately
     pay the amount of such damages and the costs of the view and
     proceedings, or give bond to be approved by the court,
     conditioned by pay such damages and costs; and upon paying such
     damages and costs, or giving bond therefor, as above provided,
     shall be entitled to construct and operate such tramway or other
     device.
        Section 4.  Either party dissatisfied with the amount of
     damages as assessed by such jury may appeal from such assessment
     to the court of common pleas of the county, and have the
     question of damages tried and decided by such court and a jury,
     as in other civil suits.