Pennsylvania Act 1907-129 — REGULATING MUNICIPAL WATER CORPORATIONS

Act text

REGULATING MUNICIPAL WATER CORPORATIONS
                      Act of 1907, P.L. 167, No. 129                  Cl. 53
                                  AN ACT

     Authorizing municipal corporations, owning their own water
        systems, to relocate roads destroyed by overflow of
        reservoirs, or otherwise, and to acquire land to preserve
        water-supply from contamination.

        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 129 is repealed insofar as it relates to third
            class cities.
        Compiler's Note:  Section 1301(c) of Act 192 of 1915 provided
            that Act 129 is repealed insofar as it relates to
            boroughs.
        Section 1.  Be it enacted, &c., That whenever any municipal
     corporation in this Commonwealth shall supply water to the
     public, shall have found, or shall find, it necessary, in
     storing water, to occupy and flow with water portions of any
     turnpike or any public road in this Commonwealth, or where any
     public road now leads into, crosses over or through any
     reservoir used for the storing of water, the said municipality
     shall cause the same to be reconstructed forthwith, at its own
     proper expense, on a favorable location and in as perfect a
     manner as the original road, and for such purpose are authorized
     to condemn land for that purpose whenever an agreement as to
     price cannot be had with the owners. And after such change is
     made, such municipality shall file in the court of quarter
     sessions of the proper county a map or plan showing such change
     of road, and shall furnish to the supervisors or other public
     authorities of the township or municipal corporation a copy of
     such map and the changes made.
        Section 2.  That any such municipality shall be and is hereby
     empowered to acquire and hold, by purchase or condemnation, such
     lands, along and contiguous to the streams of water or
     reservoirs from which water is taken for public use, as may be
     necessary to preserve them from contamination: Provided, That no
     land shall be taken for the uses mentioned in this act until
     just compensation shall have been made for property taken,
     injured, or destroyed, which shall be paid or secured before
     such taking, injury or destruction.
        Section 3.  The damages incurred in changing the location of
     any turnpike or public road, as authorized by this act, shall be
     ascertained and paid by such municipality, in the same manner as
     is provided for in regard to the taking of lands, waters,
     materials, property, and franchises for public purposes, as now
     provided by law.