Pennsylvania Act 1909-41 — AUTHORITY OVER AND USE OF TOLL BRIDGES BY MUNICIPALITIES

Act text

AUTHORITY OVER AND USE OF TOLL BRIDGES BY MUNICIPALITIES
                  Act of Mar. 24, 1909, P.L. 69, No. 41               Cl. 53
                                  AN ACT

     Authorizing municipalities to purchase, condemn, maintain, and
        use public toll-bridges crossing rivers or streams within the
        limits thereof, and to enter into a contract with the county
        commissioners of the proper county,--when said commissioners
        are duly authorized thereto by the court of quarter sessions,
        on petition of twenty or more tax-payers of such county,--
        whereby the said county shall pay a portion of the cost
        thereof; and giving power to the municipalities to charge and
        collect tolls or rentals, for the use of any such bridge,
        from railway, telephone, and telegraph companies and other
        persons making a use thereof for other than ordinary public
        foot and vehicle travel; and providing for the preservation
        of existing contracts with such persons, and their assignment
        to such municipality.

        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 41 is repealed insofar as it relates to third
            class cities.
        Compiler's Note:  Section 1301(c) of Act 192 of 1915 provided
            that Act 41 is repealed insofar as it confers powers or
            imposes any duties on boroughs.
        Section 1.  Be it enacted, &c., That the several
     municipalities of this Commonwealth are authorized to purchase,
     condemn, maintain, and use any public toll-bridge crossing any
     river or stream within the limits of such municipality; and to
     enter into contracts as hereinafter provided, with the county
     commissioners of the proper county whereby said county shall pay
     a portion of the cost thereof.
        Compiler's Note:  Section 1501 of Act 447 of 1929 provided
            that section 1 is repealed except insofar as it confers
            any powers or imposes any duties on counties other than
            counties of the first class.
        Section 2.  In case the municipality desires to obtain any
     such bridge, and is unable to agree with the owner or owners of
     the bridge upon the price to be paid therefor, any court of
     common pleas of the county wherein said bridge is located, or
     any law judge thereof in vacation, on application therefor by
     petition of said municipality, shall appoint three discreet and
     disinterested persons as viewers; and appoint a time, not less
     than ten nor more than twenty days thereafter, when said viewers
     shall meet and inspect the said bridge and view the same,
     together with the approaches and appurtenances thereto.
        Section 3.  The said viewers, having been duly sworn or
     affirmed justly and impartially to decide and true report to
     make concerning all matters and things to be submitted to them,
     and in relation to which they are authorized to inquire, in
     pursuance of the provisions of this act, and having viewed the
     said bridge, together with the approaches and appurtenances
     thereto, shall hear all parties interested and their witnesses;
     and shall estimate and determine the damages for the property
     taken, and to whom the same is payable; and prepare a schedule
     thereof, and give notice to all parties interested of a time,
     not less than ten days thereafter, and of a place where they
     will meet and exhibit said schedule, and hear all objections
     thereto and evidence. Notice of the time and place of said
     meeting shall be given by personal service upon all parties in
     interest, or their attorneys of record. After making whatever
     changes are deemed necessary, the said viewers shall make report
     to the court, showing the damages allowed and to whom the same
     is payable, and file therewith a plan showing the bridge,
     together with the approaches and appurtenances thereto.
        Section 4.  The viewers provided for in the foregoing
     sections may be appointed before, or at any time after, the
     entry, taking, or appropriation of the said bridge, together
     with the approaches and appurtenances thereto. The costs
     incurred in the proceedings aforesaid shall be defrayed by the
     municipality, and each of the viewers shall receive such
     compensation as may be fixed by the court.
        Section 5.  If the compensation to be paid for any bridge,
     which the municipality desires to obtain, cannot be agreed upon
     between the owners thereof and such municipality, and if the
     municipality desires to take possession of such bridge, it shall
     be lawful for it to tender its bond as security to the owner or
     owners of such bridge,--the condition of which shall be that the
     said municipality shall pay or cause to be paid such amount of
     damages as the owner or owners thereof shall be entitled to
     receive, after the same shall have been agreed upon by the
     parties, or awarded in the manner provided for by this act. In
     case the owner or owners of such bridge refuse or do not accept
     the said bond, the said municipality shall give the owner or
     owners thereof written notice of the time when the same will be
     presented for approval; and may present said bond to a court of
     common pleas of the county wherein said bridge is located; and,
     when approved, the said bond shall be filed in court for the
     benefit of said owner or owners, and upon the approval of said
     bond said municipal corporation may enter upon, appropriate,
     take, hold, use, and control such bridge.
        Section 6.  Upon the report of said viewers, or any two of
     them being filed in said court, either party may within thirty
     days thereafter file exceptions to the same; and the court shall
     have power to confirm said report, or to modify, change, or
     otherwise correct the same, or refer the same back to the same
     or new viewers, with like power as to their report; or, within
     thirty days from the filing of any report in court, or the final
     confirmation thereof, either party may appeal and demand a trial
     by jury; and either party may, within thirty days after final
     decree, have an appeal. Upon final confirmation, in any of the
     cases provided in this section, the award shall be a good and
     valid judgment against the said municipality. The said court of
     common pleas shall have power to order what notices shall be
     given in connection with any part of said proceedings, and may
     make all such orders as it may deem requisite.
        (6 repealed in part Jun. 3, 1971, P.L.118, No.6)
        Section 7.  In case any municipality shall discontinue any
     proceeding taken, providing for the appropriation or
     condemnation of any bridge, prior to the entry upon, taking, or
     appropriation thereof, and before judgment therein, the said
     municipality shall not thereafter be liable to pay any damages
     which have been or might have been allowed; but all costs upon
     any proceeding had thereon shall be paid by it, together with
     any actual damage, loss, or injury sustained by reason of such
     proceedings; and such damage, loss, or injury shall be
     determined and fixed by the court in which the proceedings are
     pending.
        Section 8.  Said municipality may enter into and unite in a
     contract with the county commissioners of the county in which
     said bridge is located, upon such terms and conditions as may be
     agreed upon, for the purchase, appropriation, or condemnation of
     said bridge. The contract may stipulate that the respective
     municipality and county shall pay a certain part or portion of
     the whole purchase price or damages allowed by condemnation
     proceedings. The amounts to be paid by the county shall be paid
     into the municipal treasury; and, upon said payment, the
     municipal treasurer shall be liable therefor, and it shall be
     held and applied solely for the said purpose or purposes. The
     said agreements may also provide for and include provisions for
     the maintenance, repair, and building of the said bridge, after
     its purchase or condemnation by the said municipality.
        Before any county shall enter into any contract with any
     municipality, as aforesaid, a petition of at least twenty
     taxpayers of the county, where such bridge is situated, shall
     have been presented to the court of quarter sessions of said
     county,--representing that the said bridge is necessary to the
     accommodation of public travel, and that the payment of tolls
     over such bridge is burdensome to the traveling public, and that
     a municipality in said county is desirous of purchasing or
     condemning, maintaining, and using said bridge, and of entering
     into a contract with said county whereby the said county shall
     pay a portion of the cost thereof, and praying the said court
     for an order authorizing and empowering the commissioners of
     said county to enter into such a contract with said
     municipality, upon the terms and conditions set forth in said
     petition,--and the said court shall have granted the prayer of
     said petition.
        Compiler's Note:  Section 1501 of Act 447 of 1929 provided
            that section 8 is repealed except insofar as it confers
            any powers or imposes any duties on counties other than
            counties of the first class.
        Section 9.  Whenever any bridge shall be purchased or
     condemned under this act, the municipality shall control,
     maintain, and use the said bridge as a public bridge; but it
     shall have power to charge tolls or rentals, for the use
     thereof, from railway, telephone, and telegraph companies, and
     other persons making a use thereof for other than ordinary
     public foot and vehicle travel: Provided, That where contracts
     exist between such persons and the owners of the bridge, such
     contracts shall be preserved for the benefit of the municipality
     and shall be assigned thereto.