Pennsylvania Act 1901-264 — INCORPORATED TOWNS - POWER TO TAKE PROPERTY FOR PUBLIC USES

Act text

AN ACT

An act authorizing and empowering boroughs and incorporated towns to take, use and appropriate private property for necessary public buildings and works within the corporate limits of such municipality; and providing for the manner of ascertaining, determining, awarding and paying compensation and damages therefor.

Section 1. Be it enacted &c., That from and after the passage of this act, all boroughs, incorporated towns, and all townships shall have the power to acquire, enter upon, take, use, and appropriate private property, and also land heretofore granted or dedicated to a public use which is no longer used for the purpose for which the same was granted or dedicated, for the erection thereon of town hall, hose-house, lockup, and such other public buildings as are necessary for public and municipal purposes within the corporate limits of such municipality, whenever the council or board of commissioners or township supervisors thereof shall by ordinance determine thereon; the compensation and damages arising from such taking, using, and appropriating of private property, for the purposes aforesaid, shall be considered, ascertained, determined, awarded, and paid in the manner hereinafter provided: Provided, That no land or property belonging to or used for any cemetery, burying-ground, or place of public worship shall be taken or appropriated in any manner, under and by virtue of the provisions of this act. (Amended April 15, 1913, P.L.66, No.45)

Section 2. If the compensation and damages arising from such taking, using and appropriating of private property, for the purposes aforesaid, cannot be agreed upon by the owners thereof and such municipalities, it shall be lawful for such municipalities to tender its bond as security to the party claiming or entitled to any damages, or to the attorney or agent of any absent person, or to the agent or other officer of a corporation, or to the guardian or committee of any person under legal incapacity; the condition of which shall be, that the said municipality shall pay or cause to be paid such amount of damages as the party shall be entitled to receive, after the same shall have been agreed upon or assessed in the manner provided in this act. In case the party or parties claiming damages refuses or do not accept the security so tendered, the said municipality shall then give the party, his or their agent, attorney, guardian or committee, at least ten days' written notice of the time when the same will be presented in any court of common pleas of the county in which the land so to be acquired, taken, used or appropriated is situate, for approval; and thereafter the said municipality may present its bond to said court of common pleas, and, when approved, the said bond shall be filed in said court for the benefit of those interested, and recovery may be had thereon for the amount of damages ascertained or finally determined, 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 municipality may enter into possession, take, hold, use and enjoy said land, for the purposes aforesaid, forever.

Section 3. Whenever the municipal authorities shall desire to take any lands heretofore granted or dedicated to a use or purpose for which the same are no longer used, they shall pass an ordinance declaring such intention, and they shall thereupon petition the court of common pleas of the county in which such lands are situate for leave to file the bond of such borough, for the purpose of securing any person or persons who may be injured by the taking of such lands; and the said court shall thereupon direct such notice to be given, by publication in at least two newspapers of the county in which such lands are situate, as to the said court shall seem proper, and if no exceptions are filed to the said bond on or before the day fixed in said notice, the court shall approve the said bond. The said court shall have power to increase the amount of said bond, and to hear and determine all exceptions that may be filed against the approval thereof. Upon the approval of such bond, the said municipal authorities shall have the right to enter upon and take such lands, for the purposes expressed in this act, and the said bond, which shall be in the name of the Commonwealth, for the use of any person or persons who may be legally entitled to damage by reason of the taking of the said lands, shall remain on file for their use and benefit.

Section 4. (4 repealed Apr. 28. 1978, P.L.202, No.53)

Section 5. (5 repealed Jun. 3, 1971, P.L.118, No.6 and Apr. 28, 1978, P.L.202, No.53)

Section 6. (6 repealed Apr. 28, 1978, P.L.202, No. 53)

Section 7. (7 repealed Apr. 28, 1978, P.L.202, No.53)

Section 8. (8 repealed Apr. 28. 1978 P.L.202, No.53)