Pennsylvania Act 1897-173 — ROADS TO REACH COAL DEPOSITS, AUTHORIZING LAYOUT

Act text

ROADS TO REACH COAL DEPOSITS, AUTHORIZING LAYOUT
                  Act of Jul. 9, 1897, P.L. 213, No. 173              Cl. 36
                                  AN ACT

     To provide for the laying out of private roads, under the
        surface or over the surface, or partly over and partly under
        the surface of intervening land or lands, to reach bituminous
        coal, iron ore or fire clay underlying adjacent land, with
        sufficient surface on the intervening land or lands necessary
        for the turning of wagons and teams.

        Section 1.  Private roads to bituminous coal mines, clay,
     sands, etc.; view; report
        From and after the passage of this act it shall and may be
     lawful for the several courts of quarter sessions of this
     Commonwealth, upon application of any person, persons,
     association, stock company, partnership or corporation for a
     private road, under the surface or over the surface, or partly
     over and partly under the surface of intervening land or lands,
     to reach bituminous coal, iron ore, fire clay, kaolin clays,
     stones, marbles and sands, on, upon or underlying adjacent land,
     with sufficient surface on the intervening land or lands for the
     turning of wagons and teams, to cause a view to be had of the
     said premises; and upon return of viewers that said road, with
     sufficient surface ground on the intervening land or lands for
     the turning of wagons and teams, is necessary, then the said
     court shall cause the same to be entered of record, and
     thenceforth such road, with the turning ground for wagons and
     teams, shall be deemed and taken to be a lawful, private road;
     shall be opened by the party making application for the same,
     and shall be kept in repair at their exclusive cost: Provided,
     That the viewers appointed, as aforesaid, shall assess the
     amount of damages sustained by the owner or owners of land
     through which the road shall be made, and embody the same in
     their report to the court, which damages, as assessed by said
     viewers, shall be secured by bond, to be approved by the court,
     and shall be paid by the party making application for such road
     to the owner or owners of such land, before the order to open
     such road is issued: And provided further, The part or parts of
     such road located over the surface shall be so constructed and
     maintained as not to obstruct any public highway, or to pass
     through or over any grave yard or church property.  1897, July
     9, P.L. 213, No. 173, Sec. 1; 1901, May 259, Sec. 1.