Pennsylvania Act 1933-21 — UTILITY RIGHTS OF WAY OVER HIGHWAYS MAY BE RELOCATED

Act text

UTILITY RIGHTS OF WAY OVER HIGHWAYS MAY BE RELOCATED
                   Act of Apr. 7, 1933, P.L. 27, No. 21               Cl. 36
                                  AN ACT

     To authorize the Department of Highways and the county
        commissioners to occupy and relocate rights of way of public
        service companies in certain cases, and to acquire by
        purchase or condemnation the necessary land therefor.

        Compiler's Note:  Section 1101(48) of Act 428 of 1945
            provided that Act 21 is repealed insofar as it applies to
            State highways.
        Section 1.  Be it enacted, &c., That whenever in the
     construction, widening or relocation of any State or county
     road, highway, bridge or tunnel, or of any part thereof, it
     becomes necessary, in the opinion of the Secretary of Highways
     or of the county commissioners, to occupy the whole or any part
     of the right of way of any public service company, the State
     Department of Highways or the county commissioners, as the case
     may be, may enter upon and occupy the whole or any part of such
     right of way for the purpose of such road, highway, bridge or
     tunnel, or part thereof: Provided, That before such right of
     way, or any part thereof, is so occupied in the case of State
     highways, either the Department of Highways or the county,
     accordingly as the one or the other may be responsible for
     property damages under the provisions of present or future laws
     governing the payment of damages for property condemned for
     highway purposes, or in the case of county highways, the county
     commissioners shall, at the expense of the State or county,
     provide a substitute right of way on another and favorable
     location. Such public service company shall thereupon provide
     for the transfer to or reconstruction upon, in, under or above
     said substitute right of way of any structures and facilities of
     said public service company located upon, in, under or above
     said original right of way at the time the same is so occupied.
     The Department of Highways acting on behalf of the Commonwealth
     or the county, as the case may be, is hereby authorized to enter
     into agreements with such public service company to contribute
     toward the expense of such transfer or reconstruction, and in
     the event that they are unable to agree on the amount to be
     paid, the matter shall be referred to the Pennsylvania Public
     Utility Commission, which shall, after hearing thereon, make a
     finding of the amount to be paid to such public service company
     by the State or county. In case of the failure of such public
     service company, within a reasonable time after notice so to do,
     to remove its facilities to such substitute right of way, the
     said Pennsylvania Public Utility Commission shall have
     jurisdiction, on petition of either the Department of Highways
     or the county, to order such transfer or reconstruction. The
     Department of Highways or the county commissioners of any county
     are hereby authorized to acquire, by purchase or by the exercise
     of the right of eminent domain, in the same manner that property
     is now taken and condemned for highway and road purposes, any
     necessary land or right of way for the relocation of any such
     public service right of way and facilities: Provided, however,
     That the right of way of a railroad company shall not be
     acquired or occupied under this act without the consent of the
     company owning or operating or in possession of said railroad.
        (1 amended June 21, 1937, P.L.1958, No.383 and repealed in
     part June 3, 1971, P.L.118, No.6)
        Section 2.  The authority given by this act to the Secretary
     of Highways and the county commissioners shall be in addition
     to, and not in derogation of, any powers possessed by them under
     the provisions of other laws.
        (2 amended June 21, 1935, P.L.387, No.172)