Pennsylvania Act 1887-152 — MUNICIPALITIES, PERMITTED TO TAKE LAND TO PROVIDE WATER

Act text

MUNICIPALITIES, PERMITTED TO TAKE LAND TO PROVIDE WATER
                  Act of May 25, 1887, P.L. 267, No. 152              Cl. 11
                                  AN ACT

     To authorize cities and boroughs to condemn property and rights,
        inside and outside of their limits, for the purpose of
        obtaining and supplying water.

        Section 1.  Appropriation of streams for water supply;
     restriction
        Any city or borough desiring to erect waterworks, or to
     improve its water supply, may, for such purpose, appropriate
     springs, streams, known as rivers or creeks, lands, easements,
     and rights of way, whether within its territorial limits or not;
     and, for the purpose of conducting water obtained outside of the
     territorial limits of any city or borough, may lay pipes across,
     under, and over any lands, rivers, streams, bridges, public
     highways, and cross railroads: Provided, That no waters or
     springs, appropriated under the provisions of this act, shall be
     used in such manner as to deprive the owner or proprietor
     thereof of the free use of and enjoyment of the same, at all
     times, for any domestic, dairy, stock, or farm purposes.  1887,
     May 25, P.L. 267, Sec. 1; 1907, April 15, P.L. 90, Sec. 1.
        Section 2.  Proceedings to appropriate
        Prior to any appropriation, the city or borough shall attempt
     to agree with the owner as to the damage done or likely to be
     done to him. If the parties cannot agree, or the owner cannot be
     found, or is not sui juris, the said city or borough may file
     its bonds in the common pleas court of the county, conditioned
     for the payment, to the owner or owners of the property
     appropriated, of the damages for the taking thereof, when the
     same shall have been ascertained according to law.  Upon the
     approval of the bond, and its being filed, the right of the
     corporation to enter upon the property or rights intended to be
     appropriated shall be complete. Upon petition of either the
     property owner or the city, or borough, at any time thereafter,
     the said court shall appoint three disinterested freeholders of
     the county to serve as viewers, to assess the damages proper to
     be paid to the owner for the property or rights appropriated,
     and shall fix a time for their meeting, of which notice shall be
     given to both parties.  When the report is filed either party
     may appeal and have a jury trial, as provided by law. 1887, May
     25, P.L. 267, Sec. 2; 1911, June 19, P.L. 1033, Sec. 1.