Pennsylvania Act 1937-425 — NAVIGABLE WATERS, RIGHTS IN

Act text

NAVIGABLE WATERS, RIGHTS IN
                 Act of Jun. 25, 1937, P.L. 2116, No. 425             Cl. 32
                                  AN ACT

     Declaring certain rights, grants, and privileges in the beds of
        navigable waters, within and on the boundaries of this
        Commonwealth, void; vesting power in the Department of
        Forests and Waters, the Water and Power Resources Board, and
        the Pennsylvania State Park and Harbor Commission to revoke
        and declare void such rights, grants, and privileges, and
        providing the procedure in such cases.

        WHEREAS, The recent floods have directed attention to the
     fact that unregulated encroachments and grants of land under
     navigable streams have so narrowed the flood carrying capacity
     of the waters of the Commonwealth as to endanger public
     security; and
        WHEREAS, The land underlying such navigable waters is held by
     the Commonwealth in trust for the public generally, and all
     grants thereof heretofore made, however broadly worded, are to
     be held revocable whenever the public interests so require;
     therefore,
        Section 1.  Be it enacted, &c., That any right, grant or
     privilege heretofore or hereafter granted or given, by the
     Commonwealth of Pennsylvania, in the bed of any navigable waters
     within or on the boundaries of this Commonwealth, is hereby
     declared void, whenever the same becomes or is deemed derogatory
     or inimical to the public interest, or fails to serve the best
     interests of the Commonwealth.
        Section 2.  The Department of Forests and Waters, acting
     directly or through the Water and Power Resources Board, and, in
     the case of Lake Erie, by or through the Pennsylvania State Park
     and Harbor Commission, is hereby invested with power and
     jurisdiction to determine, as a fact, when any such right, grant
     or privilege has become, or is to be deemed, derogatory or
     inimical to the public interest, or fails to serve the best
     interests of the Commonwealth. Any such determination shall only
     be made after full hearing, of which the person, firm or
     corporation, having or claiming the right, grant or privilege,
     shall have due notice and an opportunity to be heard. If, after
     such hearing, the Department of Forests and Waters, the Water
     and Power Resources Board or the State Park and Harbor
     Commission shall find and determine that any such right, grant
     or privilege is derogatory or inimical to the public interest,
     or fails to serve the best interests of the Commonwealth, such
     right, grant or privilege shall be deemed to be revoked,
     pursuant to section one hereof, and, upon service of the order
     of revocation in the manner in which a summons of the court of
     common pleas is served, the right, grant or privilege possessed
     in the bed of such navigable waters shall cease and terminate.
        Section 3.  (3 repealed June 3, 1971, P.L.118, No.6)
        Section 4.  This act shall become effective immediately upon
     its final enactment.