36 Pa. Stat. § 670-412

Current through P.A. Acts 2023-32
Section 670-412 - Occupancy of right of way of public service companies

Whenever in the construction, widening or relocation of any State highway, bridge or tunnel, or of any part thereof, it becomes necessary, in the opinion of the secretary, to occupy the whole or any part of the right of way of any public service company, the department may enter upon and occupy the whole or any part of such right of way for the purpose of such highway, bridge or tunnel, or part thereof. Whenever such right of way, or any part thereof, is so occupied, either the department or the county, whichever is responsible for property damages under the provisions of this act, governing the payment of damages for property condemned for highway purposes, shall, at the expense of the Commonwealth or county, provide a substitute right of way on another and favorable location. Such public service company shall thereupon provide for the transfer to or reconstruction upon, in, under or above said substitute right of way of any structures and facilities of said public service company located upon, in, under or above said original right of way at the time the same is so occupied. The department or the county, as the case may be, is hereby authorized to enter into agreements with such public service company to contribute toward the expense of such transfer or reconstruction, and in the event that they are unable to agree on the amount to be paid, the matter shall be referred to the Pennsylvania Public Utilities Commission, which shall, after hearing thereon, make a finding of the amount to be paid to such public service company by the Commonwealth or county. In case of the failure of such public service company, within a reasonable time after notice so to do, to remove its facilities to such substitute right of way, the Pennsylvania Public Utilities Commission shall have jurisdiction, on petition of the department to order such transfer or reconstruction. The department or the county commissioners are hereby authorized to acquire, by purchase or by the exercise of the right of eminent domain, in the same manner that property is now taken and condemned for State highway purposes, any necessary land or right of way for the relocation of any such public service right of way and facilities. The substitute right of way thus acquired shall be equal in estate to the right of way taken and occupied for highway purposes, and upon approval by the Governor of any plan providing for the occupancy of the right of way of any public service company and providing a substitute right of way therefor, the Secretary of Highways shall make, execute, acknowledge and deliver to such company a deed conveying to it an estate in the substitute right of way, at least equal to that owned and enjoyed by the company, for the right of way to be occupied for highway purposes, or if such substitute right of way is to be acquired by purchase, as hereinbefore provided, the Secretary of Highways shall procure and deliver to the company a deed conveying such estate to it from the owner of the land on which such substitute right of way is located.

The right of way of a railroad company shall not be acquired or occupied without the consent of the company owning or operating or in possession of said railroad.

36 P.S. § 670-412

1945, June 1, P.L. 1242, art. IV, § 412; 1951, Sept. 26, P.L. 1511, § 1. Amended 1971, June 3, P.L. 141, No. 6, §1 ( § 509(a)(137)).