Pennsylvania Act 1905-94 — CITIES, AUTHORIZED TO BUILD SEWERS

Act text

CITIES, AUTHORIZED TO BUILD SEWERS
                  Act of Apr. 10, 1905, P.L. 125, No. 94              Cl. 11
                                  AN ACT

     Giving all cities in Pennsylvania the right to take lands, under
        the power of eminent domain, for the purpose of building
        sewers either within or without their corporate limits, and
        providing a method of compensation.

        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 94 is repealed insofar as it relates to third
            class cities.
        Section 1.  Be it enacted, &c., That all cities of the
     Commonwealth are hereby authorized and empowered, by themselves,
     their agents, artisans, engineers, and workmen, with their
     tools, appliances, instruments, carts, wagons, and other
     carriages, and beasts of burden or draft, from time to time and
     at all time hereafter, for the purpose of establishing and
     constructing a system of sewers and drains, to enter into such
     lands and enclosures, and public or private roads or highways,
     or over or through any private streams, as may be necessary, and
     to occupy, excavate and lay sewers and drains through the same,
     to maintain, alter and repair, doing as little damage to private
     property as possible, and making compensation to the owner or
     owners thereof in the manner hereinafter provided.
        Section 2.  That all cities, by their engineers and laborers,
     with their tools, appliances, instruments, carts, wagons, and
     other carriages, and beasts of burden or draft, may enter upon
     the land contiguous to the sewers constructed or in the course
     of construction, first giving notice to the owner or owners
     thereof, and from and thence take and carry away stone, earth,
     sand or other materials necessary to the construction, repair,
     or proper laying and repair of said sewers, doing as little
     damage as possible, and repairing any breaches they may make in
     the enclosures thereof, and making compensation to the owner or
     owners thereof in the manner hereinafter provided.
        Section 3.  If the parties cannot agree upon the compensation
     to be made to the owner or owners of such land, enclosures,
     streams, public or private roads or highways, or to any person
     or persons who may be injured by the diversion, absorption, or
     pollution of any waters that may be used by said cities for the
     purpose aforesaid, it shall and may be lawful for either party
     to present a petition to the court of common pleas of the county
     in which the lands are situate, asking the court to appoint
     three viewers to view and assess, and report to the court, what
     damage, if any, has been done by the said city. The report to be
     filed at the next term of court; and notice of the time of the
     meeting of said viewers to be served upon all parties
     interested, at least five days before the day of view; which
     report, being confirmed by the court, judgment shall be entered
     thereon; and execution may issue in case of non-payment of the
     sum awarded; with two dollars per diem, and mileage, for each
     day the viewers were in attendance, and the same pay for
     witnesses as now provided for attendance at court; with power in
     the viewers to issue subpoenas, at the instance of either party,
     to compel the attendance of witnesses; the costs of the
     proceeding to be assessed and paid by the losing party:
     Provided, That either party may appeal to the common pleas
     court, within thirty days after such report shall have been
     filed in the prothonotary's office of said county, in the same
     manner as appeals are allowed in other cases; upon which appeal
     such proceedings shall be had as are used in actions for damages
     at law.