Pennsylvania Act 1917-405 — BRIDGE OVER THE DELAWARE JOINT MAINTENANCE

Act text

BRIDGE OVER THE DELAWARE JOINT MAINTENANCE
                 Act of Jul. 25, 1917, P.L. 1180, No. 405             Cl. 36
                                  AN ACT

     Providing for the joint acquisition and maintenance by the
        Commonwealth of Pennsylvania and the State of New York of
        certain toll-bridges over the Delaware River, and making an
        appropriation therefor.

        Section 1.  Be it enacted, &c., That the word "bridge,"
     wherever used in this act, shall mean any bridge over the
     Delaware River, between the Commonwealth of Pennsylvania and the
     State of New York, which is municipally owned or to cross which
     toll is charged, except such bridges as are used exclusively for
     railroad or railway purposes; and shall include the actual
     bridge, the approaches thereto, and all real and personal
     property, including the franchise belonging to the owner or
     owners of such bridge, used in the operation and maintenance of
     same.
        (1 amended May 31, 1923, P.L.466, No.254)
        Section 2.  The Auditor General, State Treasurer, and
     Secretary of Highways of the Commonwealth of Pennsylvania are
     hereby constituted a commission, to act, in conjunction with a
     similar commission of the State of New York, or with any other
     governmental agency designated by the State of New York, as a
     joint commission, for the acquisition of the various bridges
     over the Delaware River between the Commonwealth of Pennsylvania
     and the State of New York.
        (2 amended Apr. 4, 1925, P.L.131, No.94)
        Section 3.  The acquisition of said bridges may be either by
     purchase or by condemnation proceedings, as said joint
     commission may deem most expedient. The one-half of the cost of
     acquiring said bridges shall be paid by the Commonwealth of
     Pennsylvania when the State of New York agrees to pay the other
     one-half of said cost.
        Section 4.  The said joint commission, as soon as
     conveniently may be after the passage of this act, shall
     ascertain or estimate the value of each of such bridges, and
     shall in writing give notice of such valuation to the respective
     owner or owners thereof. Such notice shall contain an offer to
     purchase such bridge at the respective valuation.
        Section 5.  In the event that the owner or owners of any such
     bridge refuse or neglect to accept such offer, it shall be the
     duty of said joint commission to determine in which State the
     said condemnation proceedings may be instituted.
        Section 6.  In the event that said joint commission determine
     to institute any such condemnation proceedings in the
     Commonwealth of Pennsylvania, application shall be made by the
     Attorney General, or by the owner or owners of any such bridge,
     to the court of common pleas of the county in which the head of
     such bridge is located, for the appointment of viewers.
     Whereupon said court, or any law judge thereof, shall appoint
     three discreet and disinterested freeholders to view such bridge
     and estimate the value thereof. None of said freeholders shall
     be a resident of the county wherein such application shall be
     made. The said court shall fix a time, not less than twenty nor
     more than thirty days thereafter, when said viewers shall meet
     upon the property and view the same. The said viewers shall
     cause at least ten days' personal notice of the time and place
     of such first meeting to be given to the Attorney General, and
     to the owner or owners of such bridge, if resident within said
     county. If said owner is a corporation, such notice shall be
     given to the president, secretary, or treasurer thereof, if such
     officer resides within said county. If neither said owner nor
     any of said officers resides within said county, or cannot be
     found therein, notice of such first meeting shall be given as
     said court may direct.
        Section 7.  The said viewers, having been duly sworn or
     affirmed faithfully and impartially to perform the duties
     required of them under the provisions of this act, shall, at the
     time fixed for said first meeting, proceed to ascertain as
     accurately as may be the value of such bridge; and to that end
     may require the attendance of any person whose testimony may be
     pertinent thereto, and the production of any such books and
     papers as said viewers may deem necessary. If any person shall
     refuse to appear and testify before such viewers, or refuse to
     produce such books and papers when thereto required, the said
     court, or any judge thereof, shall, upon application of said
     viewers or a quorum thereof, make such order therein as may be
     necessary.
        Section 8.  Whenever said viewers shall have ascertained the
     value of said bridge, they shall prepare a full report of their
     labors. Said report shall include a plan showing the location of
     said bridge. Upon the completion of said report, the viewers
     shall fix a time when they shall meet and exhibit same. Ten
     days' written notice of the time and place of such meeting shall
     be given to said Board of Commissioners of Public Grounds and
     Buildings, to the Attorney General, and to the owner or owners
     of said bridge. At the time and place mentioned in such notice,
     the said viewers shall meet, and shall publicly exhibit said
     report and hear all exceptions thereto. After making any changes
     in such report as they may deem necessary, the same shall be
     filed in said court.
        Section 9.  Within thirty days after the filing of said
     report in said court, the Commonwealth of Pennsylvania or any
     person interested may file exceptions thereto; whereupon said
     court may confirm said report absolutely, or modify it, or refer
     it back to the same or to new viewers, with like powers and
     duties as the former viewers.
        Section 10.  (10 repealed June 3, 1971, P.L.118, No.6)
        Section 11.  The cost of said condemnation proceedings,
     including the court costs, compensation of viewers, and the
     advertising herein required, shall be paid by the Commonwealth
     of Pennsylvania. Each of said viewers shall receive a sum not
     exceeding five dollars ($5.00) for each day actually and
     necessarily employed in the performance of the duties herein
     prescribed.
        Section 12.  The one-half part of the purchase of said
     bridges or of the damages awarded under said condemnation
     proceedings shall be paid by the Treasurer of the Commonwealth
     of Pennsylvania, upon warrants drawn by the Auditor General,
     under such conditions as may be prescribed by said Auditor
     General.
        Section 13.  Upon and immediately after the purchase or final
     proceedings in condemnation, as the case may be, the said bridge
     or bridges shall become the sole property of the Commonwealth of
     Pennsylvania and the State of New York. Toll charges on such
     bridge shall thereupon cease, and such bridge shall thereafter
     be free to the traveling public, under such rules and
     regulations as may be prescribed by such joint commission or
     their lawful successors. Any railroad or railway now having the
     use of any such bridge by lease or agreement shall continue to
     pay to the Commonwealth of Pennsylvania and the State of New
     York, in equal proportions, the same rental charges, and in the
     same manner, as such charges are now paid to the owner or owners
     of such bridge: Provided, That any steam or electric railroad or
     railway corporation holding, in whole or in part in conjunction
     with a bridge corporation, company, partnership, or individual,
     any bridge over the said river upon which tolls are now
     collected or charged, shall be entitled to compensation, to be
     agreed upon or ascertained as damages in the manner aforesaid,
     in proportion as their interest may appear to and in the value
     of the bridge or bridges as a toll-bridge or bridges only, and
     exclusive of its value as a railroad or railway bridge, and said
     bridge or bridges shall remain the property of the railroad or
     railway corporations as theretofore, but toll charges thereon
     shall cease as heretofore provided in this section.
        (13 amended July 18, 1919, P.L.1042, No.416 and repealed in
     part June 3, 1971, P.L.118, No.6)
        Section 14.  Upon the acquisition of any such bridge by the
     Commonwealth of Pennsylvania and the State of New York, the same
     shall remain in the charge and control of said joint commission
     or their successors. Such bridge shall thereafter be maintained
     jointly by the Commonwealth of Pennsylvania and the State of New
     York, shall be kept in constant repair, and shall be rebuilt
     when destroyed. The one-half of any and all expense connected
     with such maintenance, repair, or rebuilding of the bridge
     proper shall be paid by the Commonwealth of Pennsylvania;
     maintenance, repair or rebuilding of bridge approaches shall be
     paid entirely by the Commonwealth of Pennsylvania if the bridge
     approach is in Pennsylvania; if the bridge approach is in New
     York, the Commonwealth shall have no liability for payment of
     maintenance, repair or rebuilding costs thereof.
        (14 amended Dec. 19, 1975, P.L.599, No.169)