Pennsylvania Act 1913-253 — LAND ABUTTING HIGHWAYS AND STREETS

Act text

LAND ABUTTING HIGHWAYS AND STREETS
                  Act of May 28, 1913, P.L. 368, No. 253              Cl. 11
                                  AN ACT

     Giving to all owners or tenants of lands, property, or material,
        abutting on, or through which pass, roads, streets, lanes, or
        alleys, injured by the laying out, opening, widening,
        vacating, extending, or grading of said roads, streets,
        lanes, or alleys, or the changing of grades and lines
        thereof, by cities, counties, boroughs, or townships, within
        this Commonwealth; the construction and the vacating by said
        cities, counties, boroughs, or townships of bridges, and the
        piers, abutments, approaches, embankments, slopes or
        causeways therefor, or leading thereto, which abut on or pass
        through or along said lands, property, or material; and the
        construction by said cities, counties, boroughs, or townships
        of sewers in, over, upon, along, or through said lands,
        property, or material, the right to damages for said
        injuries; directing all juries of view appointed, or that
        shall hereafter be appointed, under existing laws for
        assessing damages or benefits for taking, using, occupying,
        or injuring lands, property or material, to assess said
        damages, if any, against said cities, counties, boroughs or
        townships, as the case may be, and the benefits, if any, in
        connection therewith; granting the right of appeal to the
        proper court of common pleas from the report of said juries,
        and the trial by jury in said court of common pleas, and the
        right to file exceptions to said report; and the right of
        appeal to the Superior Court or Supreme Court, after disposal
        of exceptions, or verdict and final judgment; and providing
        that this act shall apply to all existing and future
        proceedings.

        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 253 is repealed insofar as it relates to third
            class cities.
        Compiler's Note:  Section 1501 of Act 447 of 1929 provided
            that Act 253 is repealed insofar as it relates to
            counties.
        Compiler's Note:  Section 1500 of Act 319 of 1917 provided
            that Act 253 is repealed insofar as it relates to
            townships.
        Compiler's Note:  Section 1301(c) of Act 192 of 1915 provided
            that Act 253 is repealed insofar as it relates to
            boroughs.
        Section 1.  Be it enacted, &c., That the right to damages
     against cities, counties, boroughs, or townships, within this
     Commonwealth, is hereby given to all owners or tenants of lands,
     property, or material abutting on, or through which pass, roads,
     streets, lanes, or alleys, injured by the laying out, opening,
     widening, vacating, extending or grading of said roads, streets,
     lanes, or alleys, or the changing of grades or lines thereof, by
     said cities, counties, boroughs or townships; the construction
     and the vacating by said cities, counties, boroughs or townships
     of bridges, and the piers, abutments, approaches, embankments,
     slopes, or causeways therefor, or leading thereto; and the
     construction of sewers by said cities, counties, boroughs, or
     townships in, over, upon, along, or through said lands,
     property, or material.
        Section 2.  That all juries of view appointed, or which shall
     hereafter be appointed, under existing laws, for assessing
     damages or benefits for taking, using, occupying or injuring
     lands, property, or material, are hereby directed, and it shall
     be their duty, to assess the damages provided for in section one
     of this act, if any, against said cities, counties, boroughs, or
     townships, as the case may be, and the benefits, if any, in
     connection therewith, and make report thereof as under existing
     laws.
        Section 3.  That the right of appeal to the proper court of
     common pleas from said report, and the right of trial by jury in
     said court of common pleas, and the right to file exceptions to
     said report, are hereby given to any party or parties not
     satisfied with said report, in accordance with proceedings under
     existing laws.
        Section 4.  (4 repealed June 3, 1971, P.L.118, No.6)
        Section 5.  The provisions of this act shall apply to all
     existing and future proceedings.