Lewis, 060832 PAAGO, AGO 53
Case Date | June 08, 1932 |
Court | Pennsylvania |
"* * * shall be under the exclusive authority and jurisdiction of the State Highway Department * * *."Under the above provision of the "Sproul Act" your department has broad powers but they must be exercised by you in accordance with and as limited by any other Acts of Assembly that relate to the highways under your supervision. The Act of April 1, 1909, P. L. 97, No. 58, was passed to protect trees growing along the roadside or within the legal limits of highways. Section 5 makes the act applicable to the officials of the Department of Highways, supervisors, road-masters and their employes. It was not specifically repealed by the "Sproul Act" of 1911 nor can the above quoted part of Section 6 of that act be interpreted to repeal it by implication. The two are not inconsistent. The Act of 1909 merely regulated, in respect to trees, the manner in which you shall exercise your exclusive authority over the State highways. As to trees along highways through forested, wild or uncultivated lands the act permits you to cut down any tree within fifteen feet of the center line. Beyond that and within the legal limits of the highway you may cut down any tree under four inches in diameter. Over that thickness you may do so only with the consent of the abutting property owner or on order of a judge of the county court. Along a highway through improved or cultivated lands, you may...
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