36 Pa. Stat. § 670-413

Current through P.A. Acts 2023-32
Section 670-413 - Acquisition of property for unobstructed view

The department 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.

Upon any such condemnation, the secretary shall file with the recorder of deeds of the proper county a plan showing the property condemned and such other detailed information as may be deemed necessary. Said plan shall be recorded at the expense of the county. After the same is recorded, the secretary 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.

The proceedings for the condemnation of such view over and across such lands, 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 department for road purposes.

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. 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.

36 P.S. § 670-413

1945, June 1, P.L. 1242, art. IV, § 413.