Pennsylvania Act 1933-296 — MINING COAL UNDER STATE LANDS - SUBSIDENCE REGULATION

Act text

MINING COAL UNDER STATE LANDS - SUBSIDENCE REGULATION
                 Act of Jun. 1, 1933, P.L. 1409, No. 296              Cl. 52
                                  AN ACT

     Authorizing the creation of State mining commissions, with
        judicial powers, to have exclusive jurisdiction with certain
        exceptions over the mining of coal within or under land,
        easements or right of ways purchased, condemned or otherwise
        acquired by the Commonwealth, and over the assessment and
        award of benefits, improvements, and damages for coal
        required to be left in place by reason of the obligation to
        furnish support for land, easements or right of ways
        purchased, condemned or otherwise acquired by the
        Commonwealth, whether the damages are payable by the
        Commonwealth or a county or a municipality; authorizing
        counties and municipalities to enter into agreements to
        indemnify or reimburse the Commonwealth for damages to its
        lands, easements or right of ways caused by the removal of
        coal under or adjacent thereto; waiving vertical and lateral
        support therefor under certain conditions; reserving the
        right to acquire absolute vertical and lateral support;
        reserving the power to establish detours for the removal of
        coal underlying State highways; providing for appeals to the
        courts of common pleas from orders assessing damages for coal
        required to be left in place.
        (Title reenacted and amended July 3, 1941, P.L.259, No.120)
        Section 1.  Be it enacted, &c., That whenever the
     Commonwealth has heretofore acquired or may hereafter acquire
     lands, easements or right of ways underlaid by mineable coal,
     the State Mining Commission created in accordance with the
     provisions of this act upon application of the Commonwealth, the
     county or the municipality within which such lands, easements or
     right of ways are situated or the owner of the coal underlying
     such lands, or the person entitled to remove the same in case
     the assessment of damages is desired, or of the owner or person
     entitled to remove the coal only if the removal of the coal is
     desired in lieu of damages, is hereby empowered to determine,
     authorize, and direct the underlying or adjacent coal, if any,
     to be left in place for the purpose of furnishing vertical or
     lateral support to said land, easement or right of way, the
     underlying or adjacent coal, if any, which may be removed, and
     the material, if any, to be substituted for the coal so removed,
     together with the method and manner of placing such material in
     the mine workings, for the purpose of furnishing both vertical
     and lateral support to such land, easement or right of way and
     the party or parties by whom the expense thereof shall be paid.
     The application on behalf of the Commonwealth shall be made by
     the department, board or commission of the State government
     having jurisdiction over the particular land, easement or right
     of way underlaid by mineable coal. The president judge of the
     court of common pleas of the county in which the land, easement
     or right of way is situated, who shall be the chairman thereof,
     one member of the Public Utility Commission or an engineer
     designated by it, the Secretary of Mines or his designated
     representative, the head of the department, board or commission
     of the State government owning the lands, easements or right of
     ways in question or his designated representative, and an
     engineer designated by the owner or person entitled to remove
     the coal, are hereby constituted a special commission to be
     known as the State Mining Commission. This commission shall have
     exclusive jurisdiction of the mining of coal under lands,
     easements and right of ways purchased, condemned or otherwise
     acquired by the Commonwealth and judicial powers to hear and
     determine all evidence which may be presented; to compel the
     attendance of witnesses and the production of books, records,
     and other information by subpoena; to conduct such
     investigations as it may deem necessary; to make and enforce
     such orders, decrees and rules of procedure as it may deem
     advisable; to determine and assess damages, if any, for coal
     required by the said Commission to be left in place and
     benefits, if any, for improvements or betterments; to allocate
     among the parties in interest the cost of its proceedings as
     well as any work which it may order performed; and to enforce
     its orders and decrees through the court of common pleas of the
     county in which the lands, easements and right of ways
     purchased, condemned or otherwise acquired by the Commonwealth
     is situated. The proceedings before the Commission, including
     all notes of testimony and exhibits, shall be filed and docketed
     in the office of the prothonotary of the said court of common
     pleas at the expense of the county. A majority of the
     commission, of which the chairman must be one, may act for and
     exercise the powers of the commission. All parties in interest
     shall have the same right of appeal from decisions, orders and
     decrees of the State Mining Commission as now or hereafter
     provided for appeals from the decisions, orders and decrees of
     courts of common pleas: Provided, That in case of an appeal from
     an award by the commission of compensation for damages resulting
     from an appropriation of property under the provisions of this
     act the appeal shall, in case any party is entitled to demand a
     jury trial under section eight of Article sixteen of the
     Constitution of this Commonwealth, be to the courts of the
     proper county thereof.
        (1 reenacted and amended July 3, 1941, P.L.259, No.120;
     repealed in part June 3, 1971, P.L.118, No.6)
        Section 2.  The condemnation or acquisition of any land,
     easement or right of way by the Commonwealth as hereinabove
     provided, shall not be considered as including the condemnation
     or acquisition of any coal which may be removed under the terms
     of any agreement, decision, order or decree authorized by this
     act.
        (2 reenacted and amended July 3, 1941, P.L.259, No.120)
        Section 3.  Any damages sustained by the owner of the coal,
     or the person entitled to remove the same, as a result of any
     obligation to furnish vertical and lateral support arising
     because of the acquisition of such land, easement or right of
     way by the Commonwealth which obligation did not exist prior to
     the date of such acquisition, shall be determined by the State
     Mining Commission in accordance with the provisions of this act.
     Such damages as finally determined shall be paid by the
     Commonwealth, the county or the municipality in accordance with
     existing laws, and the damages payable by the Commonwealth shall
     be payable out of funds appropriated to the department, board or
     commission for the purchase, condemnation or other acquisition
     of the lands, easements or right of ways under consideration.
     Any county or municipality which may be liable for damages for
     coal required to be left in place for the support and safety of
     lands, easements or right of ways owned by the Commonwealth as
     herein set forth, shall have authority to enter into agreements
     to indemnify the Commonwealth for any damages, or reimburse it
     for the replacement of any structure or other improvement which
     may be injured or destroyed by the removal of coal under or
     adjacent to lands, easements or right of ways owned by the
     Commonwealth. This act shall not be construed to create any new
     right of action for damages or any right of action or procedure,
     not existing or available at the time of the original
     acquisition of such easement.
        (3 reenacted and amended July 3, 1941, P.L.259, No.120)
        Section 4.  Except as hereinafter specifically provided by
     this act, vertical and lateral support by underlying code for
     any land, easement or right of way purchased, condemned or
     otherwise acquired by the Commonwealth is waived, (1) (a)
     Whenever the State Mining Commission finds that the cost of
     restoring any possible subsidence or replacing any damage to
     structures or other improvements on such land, easement or right
     of way is less than the amount payable for damages for coal
     required to be left in place in order to furnish such vertical
     or lateral support, or (b) if no damages are payable by reason
     of the failure of the party or parties entitled thereto to
     institute proper proceedings to recover the same, within the
     period prescribed by law, whenever the owner or person entitled
     to remove the coal shall enter into an agreement to indemnify
     the Commonwealth for any damages, or reimburse it for the
     replacement of any structure or other improvement, which may be
     injured or destroyed by the removal of coal owned or adjacent to
     lands, easements or right of ways owned by the Commonwealth, and
     (2) Whenever the commission finds from the evidence before it
     that such waiver of support and the removal of coal will not
     result in loss of life or personal injury to persons properly
     using said land, easement or right of way.
        (4 amended June 1, 1945, P.L.1335, No.430)
        Section 5.  Nothing in this act shall be construed to prevent
     the Department of Highways from entering into agreements with
     the owner of the coal underlying any State highway for the
     establishment of detours to permit the removal of such coal and
     the substitution therefor of other materials for the furnishing
     of vertical or lateral support to such State highway.
        (5 reenacted and amended July 3, 1941, P.L.259, No.120)
        Section 6.  Nothing in this act shall be construed to prevent
     any department, board or commission of the State government from
     purchasing, condemning or otherwise acquiring the absolute right
     of support for any lands, easements or right of ways purchased,
     condemned or acquired in the name of the Commonwealth, and
     damages sustained by the owner of underlying coal or the person
     entitled to remove the same shall be determined and paid in
     accordance with existing laws relating to the purchase,
     condemnation or other acquisition of lands, easements and right
     of ways by the Commonwealth.
        (6 reenacted and amended July 5, 1941, P.L.259, No.120)
        Section 7.  This act shall apply in all counties of the
     Commonwealth.
        (7 reenacted and amended July 3, 1941, P.L.259, No.120)