Pennsylvania Act 1901-319 — STATE COLLEGES, POWER OF EMINENT DOMAIN

Act text

STATE COLLEGES, POWER OF EMINENT DOMAIN
                 Act of Jul. 10, 1901, P.L. 632, No. 319              Cl. 24
                                  AN ACT

     Authorizing the condemnation of real estate needed for the use
        of State Normal Schools.

        Section 1.  Be it enacted, &c., That whenever the board of
     trustees of any State normal school of this Commonwealth deem it
     necessary to enlarge the area of the real estate upon which the
     buildings of said normal school are erected, to meet the growing
     demands of said institution, including a campus, and cannot
     agree with the owner or owners of the land they wish to acquire,
     as to its purchase or occupancy, it shall be lawful for said
     board of trustees, on behalf of said normal school district, to
     enter upon and occupy sufficient ground for the purposes
     aforesaid, which they shall mark off, not exceeding two acres
     and to use and occupy the same, for the purposes for which they
     desire to use and occupy the same in connection with the said
     school; and for all damages done for the taking of the same, for
     the purposes as aforesaid, the trustees of such normal school
     district shall give bond, with security approved by the court of
     common pleas of the county in which such lands are situated,
     conditioned for the payment of such damages when the same shall
     be agreed upon by the parties or assessed according to law,
     which bond shall be filed in said court, for the use of the
     person interested.
        Section 2.  And it shall be lawful for the court of common
     pleas of the proper county in which said normal school is
     located, on application thereto by petition, either by said
     normal school district by its president or secretary, they being
     instructed by their board so to do, or by the owner or owners of
     said lands, in behalf of all to appoint a jury, consisting of
     three disinterested citizens of said county, and appoint a time,
     not less than thirty days thereafter, for said viewers to meet
     upon said land, of which time and place at least ten days'
     notice shall be given by petitioner to the said viewers and the
     other party; and the said viewers, or any two of them, having
     first been duly sworn or affirmed faithfully, justly and
     impartially to decide and a true report to make concerning all
     matters to be submitted to them in the premises, and having
     viewed said ground, they shall estimate and determine the
     quantity and value of said land so taken, to be used for the
     purposes aforesaid; and after having made a just and fair
     comparison of the advantages and disadvantages, they shall
     estimate and determine whether any, and, if any, what amount of
     damages has been or may be sustained, and to whom payable, and
     make report thereof to said court; and if damages be awarded,
     and the report be confirmed by the said court, judgment shall be
     entered therefor; and if the amount thereof be not paid within
     thirty days after the entry of said judgment, execution to
     enforce payment shall be had as in other similar cases:
     Provided, That either party shall have the right to have
     reviewers appointed by said court. Each viewer shall receive
     three dollars per day for each day necessarily employed in said
     view or review: And provided, also, That each party shall have
     the right to appeal from the report of said viewers or reviewers
     to the court of common pleas, within thirty days after the
     filing of such report, and the same shall be tried by a jury as
     in similar cases.
        Section 3.  The cost of the first view shall be paid by the
     party condemning the property; the cost of the review or appeal
     shall be paid by the party losing the controversy.