53 Pa. Stat. § 14198

Current through P.A. Acts 2023-32
Section 14198 - Acquisition of property for public wharves, etc.; survey; recommendation of director; ordinance; procedure for condemnation

Whenever the director of the Department of Wharves, Docks and Ferries, in cities of the first class, shall deem it necessary or advisable to acquire for said cities property of any kind for use as a public wharf, pier, or bulkhead, or be owned by such cities, with the necessary dock-room; or for the extension of or addition to any then existing public wharf, pier, or bulkhead, owned by such cities, or the improvement or enlargement of the dock or docks appurtenant thereto; the said director shall have the power, and he is hereby authorized, by himself, his deputy engineers, surveyors or workmen, to make all necessary or proper surveys for the location of such public wharf, pier, bulkhead or dock, or extension, enlargement or addition thereto, and for that purpose, if necessary, to enter upon such property. The provisions of this act shall apply to property held, used, or owned either for private or for public purposes, including that held, used, or owned as a public wharf. The said director may communicate the result of his said survey, together with his recommendation in the premises, to the councils, or to the mayor of such cities, or to both.

The councils of said cities of the first class shall have the power, and they are hereby authorized, either in pursuance of such recommendation or otherwise, to take, condemn and appropriate, by ordinance, any such property, for the uses and purposes hereinabove set forth, or any of them. Upon the passage and approval of any such ordinance, in addition to the advertisement thereof required by law, notice of such condemnation, appropriation and taking shall be given to the registered owner or owners of such property, which notice shall be accompanied by a copy of such ordinance, and shall be served by delivering such notice and copy to him or them, or by leaving the same upon the premises with the person in charge thereof, or by mailing such notice and copy to such owner or owners by registered letter directed to his or their last known place of residence, or by posting the same on a conspicuous part of the premises appropriated and condemned. If the owner or owners of such property and the said director shall agree upon the price or compensation to be paid for the taking of such property, upon payment of the price so agreed upon the said cities may enter upon and take exclusive possession thereof. If within three (3) months of the date of giving notice, as aforesaid, they shall not so agree, security for the damages so accruing may be entered by said cities, in the manner provided by law in the case of the taking of property in the opening of streets, and thereupon the said cities may, in like manner, enter upon and take exclusive possession of such property. Either party may, before or after such entry upon and taking possession thereof, present a petition to the court of quarter sessions of the county in which such property may be situated, or to any judge thereof in vacation, asking for the appointment of a board of view to assess the damages so accruing; and the subsequent proceedings thereon shall be the same, and with like effect, as upon other petitions for the appointment of boards of view for the assessment of damages occasioned by the opening of streets by such cities. In the event that the property condemned, appropriated and taken under the provisions of this section shall constitute a part of a plant used as an entirety, the damage to the owner or tenant shall be assessed by taking the difference in market value of such plant as a whole, including the buildings, machinery, fixtures, other equipment installed and used in said plant, before and after such condemnation, appropriation and taking, and notwithstanding that parts of the said plant may be separated by a street or public highway.

53 P.S. § 14198

1907, June 8, P.L. 488, § 15. Amended 1911, April 27, P.L. 92, § 1; 1913, May 29, P.L. 380, § 3.