Pennsylvania Act 1891-10 — EMINENT DOMAIN, APPEAL FROM DAMAGE AWARDS ALLOWED

Act text

EMINENT DOMAIN, APPEAL FROM DAMAGE AWARDS ALLOWED
                  Act of Apr. 15, 1891, P.L. 17, No. 10               Cl. 36
                                  AN ACT

     To provide for an appeal by county commissioners, cities or
        other municipalities, and all persons interested in the
        damages awarded for laying out, widening, grading, opening or
        changing the lines or grades of any public street, road or
        alley in this commonwealth, from the decree of the court of
        quarter sessions confirming the report of the viewers
        assessing such damages.

        Section 1.  Be it enacted, &c., That in all cases where a
     jury of view, review or re-review, appointed by any court of
     quarter sessions in this commonwealth, has or shall hereafter
     assess damages for the laying out, widening, grading, opening or
     changing the lines of grades of any public street, road or alley
     in this commonwealth, the county commissioners of the proper
     county, or the city or other municipal corporations required to
     pay the damages, or any owner or tenant of property through
     which said public street, road or alley, has been or shall be
     laid out, widened, graded, opened or changed, or which is
     affected by the change of grades, shall have the right to appeal
     to the court of common pleas of the proper county, from the
     decree of the court of quarter sessions confirming the award of
     such jury, for the determination of the question of damages by a
     jury, according to the course of the common law: Provided, The
     appeal be taken within thirty days after the final confirmation
     of the report of said jury: Provided, That notice be given to
     the commissioners of the proper county or their clerk, of the
     time and place of holding such view.
        Section 2.  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 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.
        Section 3.  All acts or parts of acts inconsistent herewith
     be and the same are hereby repealed.
        (Partly repealed, 1915, Act No. 192, P. L. 312, Chapter XIII)