36 Pa. Stat. § 670-414

Current through P.A. Acts 2023-32
Section 670-414 - Snow fences; entry on private lands to place

The department shall have authority to enter upon private property adjacent to any State highway, and place thereon snow fences at any point deemed necessary, in order to eliminate snow drifting on the traveled portion of the highway. Such snow fences shall not be placed more than one hundred (100) feet from the right of way line of the highway.

No snow fence authorized under this act shall be placed prior to October first, however if the fence is to be erected on property containing unharvested crops it may not be placed prior to November first unless the written consent of the owner of the adjacent property is obtained. No snow fence authorized under this act shall remain in place after April first of the succeeding year, unless the written consent of the owner of the adjacent property is obtained, agreeing to an extension of time for the removal of said snow fence.

If the department shall not be able to enter into an agreement with the owner of adjacent property occupied by such snow fence as to the amount of damages sustained as a result of said fence being placed and removed, the owner may petition the court of the proper county for the appointment of viewers to ascertain the amount of damage incurred in such case. The procedure for the ascertainment of such damages shall be in accordance with the provisions of this act for the ascertaining of damages to private property due to a relocation of a State highway. Such damages, if any, when ascertained, shall be paid by the department.

36 P.S. § 670-414

1945, June 1, P.L. 1242, art. IV, § 414. Amended 1969, Oct. 8, P.L. 241, § 1.