36 Pa. Stat. § 670-419

Current through P.A. Acts 2023-32
Section 670-419 - Subsidence from failure of vertical or lateral support

Whenever a State highway, or any part thereof, subsides by reason of the failure of vertical or lateral support therefor, it shall be the duty of the person, copartnership, association or corporation then owning the subjacent or adjacent strata, as the case may be, to provide for the restoration of the vertical and lateral support, and the replacement of the surface of such highway, upon receiving from the department notice to proceed with such restoration and replacement. In the event that such owner of the subjacent or adjacent strata does not proceed, immediately after notice, with the replacement and restoration of the highway, and does not diligently complete such restoration and replacement within a reasonable time, the subsidence is hereby constituted and declared a public nuisance which may be abated by appropriate proceedings, in law or in equity, against such owner. If such owner fails or refuses to provide for the restoration and replacement of the highway, then the department may proceed with such restoration and replacement, and the underlying owners of the subjacent or adjacent strata, both at the time the vertical or lateral support was removed and at the time the subsidence occurred, and their respective assignees, lessees or grantees shall be jointly and severally liable for the cost of restoration. The provisions of this section shall not be construed to restrict any existing remedy now available to the Commonwealth, nor shall it be so construed as to nullify or modify any existing assignment or agreement transferring the obligation to furnish vertical and lateral support of the surface, as between the parties thereto.

The term "subjacent or adjacent strata," as used in this section, shall mean any land, or estate, or right therein from which materials have been extracted by mining or quarrying operations causing the subsidence.

It shall be the duty of any person, copartnership, association or corporation, operating any quarries or mines in this Commonwealth under or adjacent to State highways, to permit inspection by the department of any maps, drawings or blue prints of such quarry or mine workings, and to furnish a copy of such maps, drawings or blueprints to the department, which maps, drawings or blueprints shall indicate the location of State highways with reference to their quarrying or mining operations.

It shall be the duty of any person, copartnership, association or corporation mining or quarrying, or about to mine or quarry, under any State highway or within three hundred (300) feet horizontally from the center line of any State highway, projected downward vertically, to notify he department, and to furnish copies of maps, drawings or blueprints and such other information as may be reasonably required by the secretary.

The department, through its authorized representatives, shall have the right to enter upon and into any quarry or mine workings under or adjacent to any State highway for the purpose of inspecting the actual conditions of such workings, and it shall be the duty of any person, copartnership, association or corporation operating any such quarry or mine to permit such inspection, and to give such information and assistance in the making of the same as may be reasonably required by the secretary.

Any person who shall fail to comply with any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine of not more than five hundred dollars ($500.00) or suffer imprisonment for not more than six (6) months, or both, in the discretion of the court. For the purposes of this section the word "person" shall mean the partners or members of any copartnership or association, and shall mean the officers of any corporation. All penalties collected under the provisions of this act and all bail forfeited shall be paid into the State Treasury and credited to the Motor License Fund.

This section shall be deemed an exercise of the police power of the Commonwealth for the protection of the public safety in the use of State highways, and shall be liberally construed for the accomplishment of this purpose.

36 P.S. § 670-419

1945, June 1, P.L. 1242, art. IV, § 419.