Pennsylvania Act 1901-55 — MUNICIPALITIES, ASSESSMENTS

Act text

MUNICIPALITIES, ASSESSMENTS
                  Act of Apr. 19, 1901, P.L. 82, No. 55               Cl. 11
                                  AN ACT

     Making it lawful for any municipality, in which a corporation,
        created and existing under and by virtue of the laws of this
        Commonwealth, have constructed and are maintaining, or may
        hereafter construct and maintain, sewers, culverts, conduits
        and pipes, with the necessary inlets and appliances, for
        surface, under surface and sewage drainage, to become the
        owner of such sewers, culverts, conduits and pipes, with the
        necessary inlets and appliances aforesaid; providing the
        amount to be paid for the same, and the manner of
        ascertaining such amount in case of disagreement between the
        municipality and the corporation owning the same.

        Section 1.  Be it enacted, &c., That from and after the
     passage of this act, it shall be lawful for any municipality, in
     which any corporation created and existing under and by virtue
     of the laws of this Commonwealth, or any person or persons or
     unincorporated associations, have constructed and are
     maintaining or may hereafter construct and maintain, sewers,
     culverts, conduits, and pipes, with the necessary inlets and
     appliances, for surface, under surface and sewage drainage, to
     become the owners of such sewers, culverts, conduits, and pipes,
     with the necessary inlets and appliances, for surface, under
     surface, and sewage drainage, and the property of such company,
     person or persons, or unincorporated associations, by paying
     therefor the actual value of the same at the time of taking by
     the municipality.
        (1 amended Jul. 21, 1913, P.L.865, No.415)
        Section 2.  In case of disagreement as to the amount to be
     paid, the same shall be ascertained in the same manner as
     damages are now ascertained for private property taken, injured
     or destroyed by reason of municipal improvements, under the act
     of the General Assembly of the Commonwealth of Pennsylvania,
     approved sixteen May, one thousand eight hundred and ninety-one
     (Pamphlet Laws, 75), entitled "An act in relation to the laying
     out, opening, widening, straightening, extending or vacating
     streets and alleys, and the construction of bridges in the
     several municipalities of this Commonwealth, and grading,
     paving, macadamizing or otherwise improving streets and alleys,
     providing for ascertaining the damages to private property
     resulting therefrom, the assessment of the damages, costs and
     expenses thereof upon the property benefited, and the
     construction of sewers and payment of damages, costs and
     expenses thereof, including damages to private property
     resulting therefrom."
        Section 3.  That whenever the amount to be paid by any
     municipality to any corporation, person or persons, or
     unincorporated association, for the acquisition of sewers,
     culverts, conduits and pipes, with the necessary inlets and
     appliances, under the act of the General Assembly, approved the
     nineteenth day of April, Anno Domini one thousand nine hundred
     and one (Pamphlet Laws, eighty-two), shall have been ascertained
     in the manner provided in said act, it shall be lawful for the
     court of common pleas of the proper county, or any law judge
     thereof in vacation, on application thereto by petition by said
     municipal corporation or any person interested, to appoint
     viewers, who shall assess the costs and expenses of the sewers,
     culverts, conduits and pipes, with the necessary inlets and
     appliances, acquired by said municipality, upon the property
     benefitted, according to benefits, if sufficient can be found;
     but, if not, then the deficiency when finally ascertained shall
     be paid by the municipal corporation; and the proceedings of
     said viewers, and the proceedings on their report, shall be as
     provided in said act of May sixteen, one thousand eight hundred
     and ninety-one (Pamphlet Laws, seventy-five), for viewers and
     reports of viewers in cases of property taken, injured, or
     destroyed.
        (3 added Jul. 21, 1913, P.L.865, No.415)