36 Pa. Stat. § 2661

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 2661 - Cutting trees on highway; proceedings where owner refuses consent; cutting brush

Where any public highway in this Commonwealth passes through or along forested lands, wild lands, or uncultivated lands, no trees growing within the limits of the said highway, at a distance beyond fifteen feet on either side of the centre-line of said highway, which shall measure four inches or over in diameter at a point two feet from the surface of the ground, shall be cut down or destroyed by the commissioners, supervisors, or road-masters employed by them, or any other person, without first obtaining the consent of the abutting owners. If any board of commissioners of supervisors deem the removal of any such trees, beyond said limit of fifteen feet on each side of the centreline of said highway, necessary for the improvement of the road, and the consent of the abutting property owners cannot be obtained, the board of commissioners or supervisors may appeal the matter to the judge of the court of the proper district; who is hereby directed to examine and inquire into all such subjects of dispute which may be referred to him, and, having due regard for the demand for road improvement as well as for the preservation of the trees, shall, after hearing all parties in interest, make such order in respect thereof as to him shall appear reasonable, equitable, and just; and from whose decision there shall be no appeal: Provided, That the commissioners or supervisors shall at all times have the right to clear out brush and other refuse from along the sides of the road, to the legal width thereof: And Provided further, That all such clearing and removal of brush and refuse shall be confined to growth that is under the limit hereinabove described, and to the removal of branches that in any way may interfere with public travel; and that no other injury, by fire, cutting, abrasion, or otherwise, shall be done to the standing timber.

36 P.S. § 2661

1909, April 1, P.L. 97, § 1.