Pennsylvania Act 1913-282 — CITIES, DAMS ON NAVIGABLE RIVERS

Act text

CITIES, DAMS ON NAVIGABLE RIVERS
                  Act of Jun. 5, 1913, P.L. 423, No. 282              Cl. 11
                                  AN ACT

     Authorizing any city that has been or shall be granted the
        consent of the Commonwealth of Pennsylvania to construct and
        maintain a dam in any navigable river or stream, to purchase,
        acquire, enter upon, take, use, and appropriate private
        property, within or without its territorial limits, for that
        purpose; and providing the manner in which damages sustained
        shall be determined and collected.

        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 282 is repealed insofar as it relates to third
            class cities.
        Section 1.  Be it enacted, &c., That whenever the consent of
     the Commonwealth of Pennsylvania has been or shall be granted to
     any city to construct and maintain a dam, in a public navigable
     river or stream flowing through, or partly within and partly
     without its corporate limits, for the purpose of improving the
     sanitary conditions of such city, power is hereby conferred upon
     it to purchase, acquire, enter upon, take, use and appropriate
     private property, either within or without its territorial
     limits, for that purpose; and if said city cannot agree with the
     owner or owners, lessee or lessees, of such private property
     upon the compensation for the property appropriated or the
     damages done, or when by reason of the absence or legal
     incapacity of any such owner or owners, lessee or lessees, no
     such compensation can be agreed upon, the court of common pleas
     of the county in which such property may be situate, or any
     judge thereof in vacation, on application thereto by petition by
     said city or such owner, lessee, or any person interested, shall
     appoint viewers, in accordance with the existing law or laws
     governing the taking of private property under the power of
     eminent domain, to view and ascertain the damages done by reason
     of such taking, use, appropriation, occupancy, or injury. All
     proceedings to be had and report made, with the right of appeal
     and exception, in accordance with the existing law or laws
     aforesaid, in such case made and provided.