Pennsylvania Act 1923-313 — HIGHWAYS, OBSTRUCTIONS REMOVED

Act text

HIGHWAYS, OBSTRUCTIONS REMOVED
                 Act of Jun. 14, 1923, P.L. 801, No. 313              Cl. 36
                                  AN ACT

     Authorizing the State Highway Department, the Public Service
        Commission, counties, cities, boroughs, and townships to
        purchase, or condemn by the right of eminent domain, free and
        unobstructed view over and across lands at certain highway,
        railroad, and railway intersections and curves, so as to
        prevent and permit removal of interference with and
        obstruction of the vision of users of said highways; and
        providing for the use of such lands in such manner as not to
        interfere with a free and unobstructed view.

        Compiler's Note:  Section 1101(16) of Act 428 of 1945
            provided that Act 313 is repealed insofar as it applies
            to State highways.
        Compiler's Note:  Section 2101(26) of Act 69 of 1933 provided
            that Act 313 is repealed insofar as it relates to
            townships of the second class.
        Compiler's Note:  Section 3501 of Act 331 of 1931 provided
            that Act 313 is repealed insofar as it relates to
            townships of the first class.
        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 313 is repealed insofar as it relates to third
            class cities.
        Section 1.  Be it enacted, &c., That the State Highway
     Department, the Public Service Commission, and any county, city,
     borough, incorporated town, or township, may acquire, by
     purchase or by the right of eminent domain, a free and
     unobstructed view down and across such lands located at or near
     the intersection of any two highways, or a highway and a
     railroad or railway, or at any curve in any highway, as may be
     necessary to assure a free and unobstructed view in all
     directions at such crossings, and to so prevent the use of such
     lands for any purpose or in any manner which may interfere with
     or obstruct the vision of any person or persons traveling upon
     any such highway.
        Section 2.  Upon any such condemnation, the Secretary of
     Highways, the Public  Service Commission, and the proper
     authorities of any city, borough, town, or township, having
     instituted the condemnation proceedings, shall file with the
     recorder of deeds of the proper county a plan showing the
     property condemned and such other detailed information which may
     be deemed necessary--said plan to be recorded at the expense of
     the county; and after the same is recorded, said Secretary of
     Highways, Public Service Commission, or authorities may, from
     time to time, abate or remove, or cause to be abated or removed,
     any obstruction to such view over and across such lands.
        (2 amended June 22, 1931, P.L.675, No.244)
        Section 3.  The proceedings for the condemnation of such view
     over and across such lands under the provisions of this act, and
     for the assessment of damages for property taken, injured, or
     destroyed, shall be taken in the same manner as provided for the
     condemnation of land by the State Highway Department for road
     purposes, by the Public Service Commission for the purposes
     allowed by law, and by counties, boroughs, and townships, for
     road purposes.
        (3 amended Apr. 30, 1935, P.L.124, No.46)
        Section 4.  Upon the condemnation of a view over and across
     any lands for the purposes of this act, the owner of such lands
     may make every such use thereof as will not interfere with a
     free and unobstructed view at such dangerous crossing or curve,
     and, unless specially provided for in such condemnation
     proceedings, such condemnation shall not be construed to prevent
     the owner thereof from using such land for pasture or the
     growing of grass, oats, wheat, or other crops which will not
     obstruct the vision more than wheat.