36 P.S. § 670-412 Occupancy of Right of Way of Public Service Companies

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-27
• Year: 2023
• Citation: 36 P.S. § 670-412

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...