Pennsylvania Act 1949-439 — ALLOWING MUNICIPALITIES TO PREVENT LAND SUBSIDENCE

Act text

ALLOWING MUNICIPALITIES TO PREVENT LAND SUBSIDENCE
                 Act of May 18, 1949, P.L. 1474, No. 439              Cl. 53
                                  AN ACT

     To authorize political subdivisions to acquire by purchase,
        condemnation, or in any other manner, pillars in anthracite
        and bituminous coal mines or other property necessary to the
        support of the surface above such mines or structures
        thereon, in order to prevent subsidence thereof.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The duly constituted authorities of political
     subdivisions of this Commonwealth are hereby authorized and
     empowered to acquire by donation, agreement, lease, purchase, or
     the exercise of the power of eminent domain, and own or hold in
     the name of such political subdivision, any pillars in any
     anthracite or bituminous coal mine, or any other necessary
     support of the surface over and above such mine, or any
     interest, right or title in the same, or in other real or
     personal property, lands, easements or other rights, necessary
     to prevent subsidence, collapse, or caving in, of the surface or
     structures thereon, which may result from anthracite or
     bituminous coal mining operations, and to prevent the collapse,
     injury, or destruction, of any public building or any structure
     customarily used by the public as a place of resort, assemblage,
     or amusement, including, but not limited to, churches, schools,
     hospitals, theatres, hotels, and railroad stations, or any
     public street or highway, or any facility used in the service of
     the public by any municipal corporation, municipal authority, or
     public utility, or any factory, store, or other industrial
     mercantile establishment, or any cemetery or public burial
     ground, or any dwellings or other structures in any built-up
     locality,
        Section 2.  Whenever under the provisions of this act the
     political subdivision is authorized to acquire property rights
     and a reasonable price cannot be agreed upon, or whenever the
     owner is legally incapacitated or is absent or is unable to
     convey valid title or is unknown, the political subdivision is
     hereby authorized and empowered to acquire, by condemnation, any
     lands, rights, easements, franchises and other property, deemed
     necessary or convenient for the attainment of the purposes
     hereinbefore set forth.
        (2 repealed in part June 3, 1971, P.L.118, No.6)
        Section 3.  This bill shall become effective immediately upon
     its final enactment.