Pennsylvania Act 1949-35 — GIVE DELAWARE RIVER BRIDGE COMMISSION RIGHT OF EMINENT DOMAIN

Act text

GIVE DELAWARE RIVER BRIDGE COMMISSION RIGHT OF EMINENT DOMAIN
                  Act of Mar. 31, 1949, P.L. 388, No. 35              Cl. 36
                                  AN ACT

     Authorizing and empowering the Delaware River Joint Toll Bridge
        Commission, for the effectuation of its authorized purposes,
        to enter upon, use, overpass, occupy, enlarge, construct,
        improve, or close any easement, street, road or highway,
        located within the limits of any municipality in
        Pennsylvania, or to use, occupy or take property, now or
        hereafter vested in or held by any municipality in
        Pennsylvania, without requiring the consent of the
        municipality or the governing body thereof; prescribing
        conditions for the exercise of such powers by the Commission;
        and conferring jurisdiction on certain courts of common
        pleas.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  For the effectuation of its authorized purposes,
     the Delaware River Joint Toll Bridge Commission, a body
     corporate and politic (hereinafter referred to as the
     "Commission"), is hereby granted power and authority to enter
     upon, use, overpass, occupy, enlarge, construct, improve, or
     close any easement, street, road or highway, located within the
     limits of any municipality in Pennsylvania, or to use, occupy or
     take property, now or hereafter vested in or held by any
     municipality in Pennsylvania.
        Section 2.  Before entering upon, using, overpassing,
     occupying, enlarging, constructing, or improving any easement,
     street, road, highway, or property of any municipality, the
     Commission shall, in writing, notify the chief administrative
     officer or governing body of the municipality of its intention
     so to do, together with the approximate time of the commencement
     of the work of the Commission affecting such street, road or
     highway. It shall not be necessary for the Commission to obtain
     the consent of the municipality or the governing body thereof
     for the exercise of any of the powers conferred by this act, any
     law or compact to the contrary notwithstanding.
        Section 3.  If, under the Constitution and laws of the
     Commonwealth of Pennsylvania, any damages are payable to any
     municipality by reason of the exercise of the powers conferred
     by this act, such damages shall be paid by the Commission.
        (3 repealed in part Apr. 28, 1978, P.L.202, No.53)

        Compiler's Note:  Section 508(a) of Act 223 of 1970 provided
            that the jurisdiction of the courts named in section 3 is
            transferred to and vested in the Commonwealth Court and
            provided that section 3 is repealed insofar as it relates
            to the Court of Common Pleas of Dauphin County.
        Compiler's Note:  Section 14(a) of Act 185 of 1969 provided
            that the jurisdiction of the courts named in section 3 is
            vested in the Commonwealth Court and provided that
            section 3 is repealed insofar as it relates to the Court
            of Common Pleas of Dauphin County.
        Section 4.  Whenever necessary, because of the exercise of
     any of the powers herein conferred, to remove, alter, change or
     relocate any facilities owned by a municipality or any municipal
     agency of a municipality located above or below the surface of
     the street, road or highway, or property vested in, or held by,
     the municipality, the Commission shall pay the costs or expenses
     involved in connection with such removal, alteration, change or
     relocation. All streets, roads or highways, or parts thereof,
     designated and used by the Commission as a part of any approach,
     bridge plaza, or approach highway, shall be maintained and kept
     in repair by the Commission.
        Section 5.  The powers vested in the Commission by this act
     shall be construed as being in addition to and not in diminution
     of the powers heretofore or hereafter vested in the Commission
     by law.
        Section 6.  All acts and parts of acts inconsistent herewith
     are hereby repealed.
        Section 7.  The provisions of this act shall become effective
     immediately upon final enactment.