REGULATING MUNICIPAL WATER CORPORATIONS
Act of 1907, P.L. 167, No. 129 Cl. 53
AN ACT
Authorizing municipal corporations, owning their own water
systems, to relocate roads destroyed by overflow of
reservoirs, or otherwise, and to acquire land to preserve
water-supply from contamination.
Compiler's Note: Section 4701 of Act 317 of 1931 provided
that Act 129 is repealed insofar as it relates to third
class cities.
Compiler's Note: Section 1301(c) of Act 192 of 1915 provided
that Act 129 is repealed insofar as it relates to
boroughs.
Section 1. Be it enacted, &c., That whenever any municipal
corporation in this Commonwealth shall supply water to the
public, shall have found, or shall find, it necessary, in
storing water, to occupy and flow with water portions of any
turnpike or any public road in this Commonwealth, or where any
public road now leads into, crosses over or through any
reservoir used for the storing of water, the said municipality
shall cause the same to be reconstructed forthwith, at its own
proper expense, on a favorable location and in as perfect a
manner as the original road, and for such purpose are authorized
to condemn land for that purpose whenever an agreement as to
price cannot be had with the owners. And after such change is
made, such municipality shall file in the court of quarter
sessions of the proper county a map or plan showing such change
of road, and shall furnish to the supervisors or other public
authorities of the township or municipal corporation a copy of
such map and the changes made.
Section 2. That any such municipality shall be and is hereby
empowered to acquire and hold, by purchase or condemnation, such
lands, along and contiguous to the streams of water or
reservoirs from which water is taken for public use, as may be
necessary to preserve them from contamination: Provided, That no
land shall be taken for the uses mentioned in this act until
just compensation shall have been made for property taken,
injured, or destroyed, which shall be paid or secured before
such taking, injury or destruction.
Section 3. The damages incurred in changing the location of
any turnpike or public road, as authorized by this act, shall be
ascertained and paid by such municipality, in the same manner as
is provided for in regard to the taking of lands, waters,
materials, property, and franchises for public purposes, as now
provided by law.