36 P.S. § 670-419 Subsidence From Failure of Vertical Or Lateral Support

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-27
• Year: 2023
• Citation: 36 P.S. § 670-419

Whenever a State highway, or any part thereof, subsides by reason of the failure of vertical or lateral support therefor, it shall be the duty of the person, copartnership, association or corporation then owning the subjacent or adjacent strata, as the case may be, to provide for the restoration of the vertical and lateral support, and the replacement of the surface of such highway, upon receiving from the department notice to proceed with such restoration and replacement. In the event that such owner of the subjacent or adjacent strata does not proceed, immediately after notice, with the replacement and restoration of the highway, and does not diligently complete such restoration and replacement within a reasonable time, the subsidence is hereby constituted and declared a public nuisance which may be abated by appropriate proceedings, in law or in equity, against such owner. If such owner fails or refuses to provide for the restoration and replacement of the highway, then the department may proceed with such restoration and replacement, and the underlying owners of the subjacent or adjacent strata, both at the time the vertical or lateral support was removed and at the time the subsidence occurred, and their respective assignees, lessees or grantees shall be jointly and severally liable for the cost of restoration. The provisions of this section shall not be construed to restrict any existing remedy now available to the Commonwealth, nor shall it be so construed as to nullify or modify any existing assignment or agreement transferring the obligation to furnish vertical and lateral support of the surface, as between the parties thereto.

The term "subjacent or adjacent strata," as used in this section, shall mean any land, or estate, or right therein from which materials have been extracted by mining or quarrying operations causing the subsidence.

It shall be the duty of any person, copartnership, association or corporation, operating any quarries or mines in this Commonwealth under or adjacent to State highways, to permit inspection by the department of any maps, drawings or blue prints of such quarry or mine workings, and to furnish a copy of such maps, drawings or blueprints to the department, which maps, drawings or blueprints shall indicate the location of State highways with reference to their quarrying or mining operations.