Pennsylvania Act 1923-54 — LAND, DRAINAGE OF

Act text

LAND, DRAINAGE OF
                  Act of Apr. 19, 1923, P.L. 78, No. 54               Cl. 03
                                  AN ACT

     Relating to the drainage of wet and spouty lands, by providing
        for the construction of surface or under drains over lands
        owned by others.

        Section 1.  Be it enacted, &c., That when the owner or owners
     of wet or spouty land shall desire to improve the same for
     agricultural purposes by surface or under drains, or both, and
     when for any cause it becomes necessary to extend said drains
     upon or over the land of other owners in order to render them
     effectual, the person or persons, so desiring to drain, may
     present a petition to the court of quarter sessions of the
     county wherein such land may be, setting forth the situation
     thereof, and the necessity for an extension of the proposed
     drain or drains upon or over the land of such other owners, and
     specifying the probable extent.
        Section 2.  Thereupon the said court shall appoint three
     viewers, from the board of county viewers, to view the proposed
     drain or drains, and, if they or a majority shall agree that
     there is occasion for an extension of such drain or drains in
     order to affect the agricultural improvement and development of
     said land, they or a majority of them shall proceed to lay out
     the same, having respect to the shortest distance and the best
     ground for the location thereof, and in such manner as shall do
     the least injury to private property.
        Section 3.  The viewers shall make report of their
     proceedings to the next term of said court, and shall, in such
     report, assess the damages on behalf of the person entitled
     thereto, if any, in their opinion, will ensue from such
     extension. The report shall also be accompanied with a plot or
     draft of the drain or drains by them laid out, specifying
     whether the same shall be surface or under drains. The expense
     of the said view shall be paid by the persons applying for the
     same.
        Section 4.  The proceedings before the said viewers, the
     assessment of damages for property injured, and the proceedings,
     upon said report, in the court in which it is filed, shall be in
     conformity with the law providing for the laying out and opening
     of public roads.
        Section 5.  Upon the production of proof before the court
     that the damages so assessed have been paid to the party to whom
     the same were awarded, or to the clerk of the court of quarter
     sessions for the use of such party, the court may confirm the
     report and thereupon issue an order authorizing the party
     petitioning to excavate and construct said drain or drains in
     the manner as laid out and directed in and by said report.
        The petitioner, his heirs and assigns, are empowered and
     required to keep and maintain said drain or drains in good order
     and repair, and, in default thereof, the court shall have power
     upon due proof of the facts to them made, and after full
     hearing, to order and direct the said drain or drains to be
     closed up and vacated.
        Nothing contained in this act shall authorize the overflowing
     of any land not specifically provided for in the report.