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.