Act of Apr. 19, 1923, PL 78, No. 54 Cl. 03

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LAND, DRAINAGE OF

Act of Apr. 19, 1923, P.L. 78, No. 54 Cl. 03

AN ACT

Relating to the drainage of wet and spouty lands, by providing

for the construction of surface or under drains over lands

owned by others.

Section 1. Be it enacted, &c., That when the owner or owners

of wet or spouty land shall desire to improve the same for

agricultural purposes by surface or under drains, or both, and

when for any cause it becomes necessary to extend said drains

upon or over the land of other owners in order to render them

effectual, the person or persons, so desiring to drain, may

present a petition to the court of quarter sessions of the

county wherein such land may be, setting forth the situation

thereof, and the necessity for an extension of the proposed

drain or drains upon or over the land of such other owners, and

specifying the probable extent.

Section 2. Thereupon the said court shall appoint three

viewers, from the board of county viewers, to view the proposed

drain or drains, and, if they or a majority shall agree that

there is occasion for an extension of such drain or drains in

order to affect the agricultural improvement and development of

said land, they or a majority of them shall proceed to lay out

the same, having respect to the shortest distance and the best

ground for the location thereof, and in such manner as shall do

the least injury to private property.

Section 3. The viewers shall make report of their

proceedings to the next term of said court, and shall, in such

report, assess the damages on behalf of the person entitled

thereto, if any, in their opinion, will ensue from such

extension. The report shall also be accompanied with a plot or

draft of the drain or drains by them laid out, specifying

whether the same shall be surface or under drains. The expense

of the said view shall be paid by the persons applying for the

same.

Section 4. The proceedings before the said viewers, the

assessment of damages for property injured, and the proceedings,

upon said report, in the court in which it is filed, shall be in

conformity with the law providing for the laying out and opening

of public roads.

Section 5. Upon the production of proof before the court

that the damages so assessed have been paid to the party to whom

the same were awarded, or to the clerk of the court of quarter

sessions for the use of such party, the court may confirm the

report and thereupon issue an order authorizing the party

petitioning to excavate and construct said drain or drains in

the manner as laid out and directed in and by said report.

The petitioner, his heirs and assigns, are empowered and

required to keep and maintain said drain or drains in good order

and repair, and, in default thereof, the court shall have power

upon due proof of the facts to them made, and after full

hearing, to order and direct the said drain or drains to be

closed up and vacated.

Nothing contained in this act shall authorize the overflowing

of any land not specifically provided for in the report.

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