Pennsylvania Act 1919-71 — PUBLIC ROADS AND HIGHWAYS CONTIGUOUS TO PUBLIC GROUNDS

Act text

PUBLIC ROADS AND HIGHWAYS CONTIGUOUS TO PUBLIC GROUNDS
                   Act of May 1, 1919, P.L. 93, No. 71                Cl. 36
                                  AN ACT

     Providing for the relocation, alteration, and vacation of public
        roads and highways, approaching, leading into, or contiguous
        to parks and public grounds, title to which parks and public
        grounds is vested in the State of Pennsylvania, and providing
        remedies therefor.

        Compiler's Note:  Section 2101(12) of Act 69 of 1933 provided
            that Act 71 is repealed insofar as it relates to
            townships of the second class.
        Compiler's Note:  Section 3501 of Act 331 of 1931 provided
            that Act 71 is repealed insofar as it relates to
            townships of the first class.
        Section 1.  Be it enacted, &c., That whenever a public road
     or highway within a park or public ground, title to which park
     or public grounds is vested in the State of Pennsylvania, is
     laid out, located, relocated, altered, or vacated, in such
     manner that a public road or highway, approaching, leading into,
     or contiguous to such park or public grounds, shall become
     either useless, inconvenient, or burdensome, such public road or
     highway, approaching, leading into, or contiguous to such park
     or public grounds, may be altered, relocated, or vacated, by the
     township supervisors or other officials charged with the duty of
     maintaining such roads or highways, in whole or in part, for the
     purpose of making it convenient and suitable as an approach to
     the roads and highways within said park or public grounds, upon
     the consent and agreement of: (a) the commissioners or officials
     charged with the care and management of said park or public
     grounds; (b) the township supervisors or other officials charged
     with the duty of maintaining said roads or highways,
     approaching, leading into, or contiguous to said park or public
     grounds; and (c) the property owners owning the majority of the
     frontage of land abutting upon the relocated portion of the
     roads or highway, approaching, leading into, or contiguous to
     said park or public grounds.
        Section 2.  The filing of the consent and agreement of
     commissioners or officials charged with the care and management
     of such park or public grounds, the township supervisors or
     officials charged with the maintenance of said roads and
     highways, and of the property owners, provided for in section
     one of this act, in the court of quarter sessions of the county
     or counties in which the altered, relocated, or vacated road or
     highway is situate, shall have the same force and effect as the
     filing and the approval and absolute confirmation by the court
     of quarter sessions of a report of viewers appointed in
     accordance with the general road law, and shall have the same
     force and effect as though said viewers had laid out, located,
     relocated, altered, or vacated such road or highway in
     accordance with the agreement filed as aforesaid, and the report
     of said viewers had been filed, approved and absolutely
     confirmed by the court.
        Section 3.  The filing of said agreement to the court of
     quarter sessions shall be conclusive as to the question of the
     necessity for the laying out, location, relocation, alteration
     or vacation of said roads or highways as contained in the said
     agreement, and as to whether the said roads or highways, as laid
     out, located, relocated, altered, or vacated, are useless,
     inconvenient, and burdensome.
        Section 4.  Such road or highway, when altered or relocated,
     shall be maintained and repaired in the same manner as other
     township roads are maintained and repaired.
        Section 5.  The owner of any land through which any public
     road or highway may be relocated as provided for in the
     provisions of this act, may apply by petition to the court of
     quarter sessions of the proper county, setting forth the injury
     which he or she may have sustained by reason of the relocation
     of the said public road or highway, and the proceedings relative
     to the assessment and payment of damages of said land owner
     shall be in accordance with the provisions of the existing
     general road laws.