Pennsylvania Act 1917-218 — EMINENT DOMAIN, ASCERTAINMENT OF DAMAGES

Act text

EMINENT DOMAIN, ASCERTAINMENT OF DAMAGES
                 Act of Jun. 22, 1917, P.L. 627, No. 218              Cl. 08
                                  AN ACT

     Providing for the ascertainment and assessment of damages and
        benefits in proceedings to lay out, open, widen, vacate,
        extend, grade, or changing the grade or lines, of streets,
        lanes, and alleys in boroughs; providing that this act shall
        apply to all proceedings when the damages shall not have been
        actually and finally ascertained; and repealing all acts,
        general, local, or special, conflicting therewith.

        Section 1.  Be it enacted, &c., That all damages which shall
     be suffered or sustained by any owner or tenant of lands,
     property, or materials, in any borough of this Commonwealth,
     whether incorporated under general or special law, abutting on,
     or through which pass, roads, streets, lanes or alleys injured
     by the laying out, opening, widening, vacating, extending or
     grading of such roads, streets, lanes, or alleys, or the
     changing of the grades or lines thereof, whereby private lands,
     property, or materials may or shall be injured, taken, or
     destroyed by any borough, and all benefits in connection
     therewith, where such damages and benefits shall be ascertained
     by viewers, shall be ascertained and assessed as provided in
     chapter six, article two of the act approved the fourteenth day
     of May, one thousand nine hundred and fifteen, entitled "An act
     providing a system of government for boroughs, and revising,
     amending, and consolidating the law relating to boroughs," and
     known as the General Borough Act.
        Section 2.  All damages, costs, and expenses over and above
     any benefits assessed, when ascertained as aforesaid, shall be
     paid by the borough taking, injuring, or destroying such lands,
     property, or materials for any of the purposes aforesaid.
        Section 3.  The provisions of this act shall extend and apply
     to all the proceedings provided for in section one of this act,
     where such damages and benefits have not been actually and
     finally ascertained.
        Section 4.  That all acts of Assembly, either general,
     special, or local, conflicting herewith, be, and the same are
     hereby, repealed.