Pennsylvania Act 1887-61 — ALLOWING THE U.S. TO ACQUIRE LAND

Act text

ALLOWING THE U.S. TO ACQUIRE LAND
                  Act of May 18, 1887, P.L. 121, No. 61               Cl. 29
                                  AN ACT

     To grant the consent of the State of Pennsylvania to the
        acquisition, by the United States of certain lands bordering
        on the navigable waters within the State, for the purpose of
        erecting thereon dams, abutments, locks, lock houses, offices
        and necessary structures for the construction and maintenance
        of slack water navigation on said rivers, and ceding
        jurisdiction over the same, and for imposing fines and
        penalties for wilful injuries to the grounds, buildings and
        appurtenances acquired under the provisions of this act.

        Section 1.  Consent to acquisition of lands for dams, locks,
     etc; by the United States
        Whenever the United States shall make an appropriation, and
     shall be about to begin the improvement of any of the navigable
     waters within the State of Pennsylvania, by means of locks and
     permanent and movable dam or dams with adjustable chutes, the
     consent of the State of Pennsylvania, through the Governor
     thereof, is hereby given to the acquisition by the United
     States, by purchase, or by condemnation in the manner
     hereinafter provided, of any lands, buildings or other property,
     necessary for the purpose of erecting thereon dams, abutments,
     locks, lockhouses, chutes, and other necessary structures for
     the construction and maintenance of slack water navigation on
     said rivers, and the United States shall have, hold, use and
     occupy the said land or lands, buildings, or other property,
     when purchased or acquired as provided by this act, and shall
     exercise jurisdiction and control over the same concurrently
     with the State of Pennsylvania.  1887, May 18, P.L. 121, Sec. 1.
        Section 2.  Manner of acquiring land
        If the United States shall determine to take lands, buildings
     or other property, necessary for the purposes mentioned in the
     first section of this act, and cannot agree with with owner or
     owners of such lands, buildings or other property for the
     compensation to be made for such taking, the court of common
     pleas having jurisdiction in the county where such lands,
     buildings or other property is situated, shall, upon application
     by either the United States, or the owner or owners, or any one
     in behalf of either, appoint three disinterested freeholders,
     who, having duly qualified before said court, and having given
     such public notice and such notice to owners of the premises to
     be viewed and appraised of the time and place of meeting, as the
     said court may direct, shall ascertain and determine the amount
     of compensation to be paid to said owner or owners, and shall
     make reports to said court of their award, on or before the
     first day of the term next after their appointment: Provided,
     That the said United States shall not be authorized to take
     possession of or use or occupy the lands, buildings or other
     property taken under the provision of this section until the
     amount of said award shall be paid to the owner or owners
     thereof: Provided further, That the said court may set aside the
     report of said viewers, upon being satisfied that the amount of
     said award is excessive or insufficient: And provided further,
     That, upon the application of any party aggrieved, made within
     thirty days after the filing of the report of the viewers, for
     an issue to try the facts in controversy between the respective
     parties and to determine the amount of compensation due for
     property condemned and taken or for property injured or
     destroyed by the construction or enlargement of the works and
     improvements contemplated by this act, it shall be the duty of
     said court to award said issue, and any appeal taken pursuant to
     this act, shall be signed by the party or parties taking the
     same, or by his or their agent or attorney, and shall be
     accompanied by an affidavit of the party appellant, or by his or
     their agent or attorney, that the same is not taken for the
     purpose of delay, but because the affiant firmly believes that
     injustice has been done.  1887, May 18, P.L. 121, Sec. 2.
        Section 3.  Penalty for injuring property so acquired
        If any person or persons shall wilfully or maliciously injure
     any of the lands, buildings or other property acquired or held
     under the provisions of this act, such person or persons shall
     be liable to a fine of not exceeding one hundred dollars, and to
     in imprisonment not exceeding six months, or both or either, at
     the discretion of the court, said offense to be prosecuted and
     punished in any court of competent jurisdiction.  1887, May 18,
     P.L. 121, Sec. 3.