§ 5503. Certain streets declared public streets.

439 words·~2 min read·/pa/title-73/chapter-55/5503

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- Every street which has been used for public travel, and maintained and kept in repair continuously by the township for a period of at least 21 years under authorization by the board of commissioners, is a public street having a right-of-way of not less than 24 feet, even though there is no public record of the laying out or dedication for public use of the street.

(b)Evidence.-- In a proceeding under this section, any relevant oral or documentary evidence of public travel or maintenance and repairs by the township shall, if presented, be considered, including, but not limited to:

(1)Maps or surveys which are either generated by any governmental unit or are created under a judicial proceeding of the courts of this Commonwealth.

(2)Evidence concerning the distribution of government funds to the township under the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law.

(3)Approved subdivision plans, deeds or other documents containing a designation of the street as either a township street or otherwise.

(4)Evidence that the street is an extension from a public street or public cul-de-sac or a throughway between other municipal or State streets or provides the only access to a municipal boundary line.

(5)Court orders, decisions, findings of fact or other matters of judicial record relating to public or private rights in the street.

(c)Considerations relevant in proceedings.-- For purposes of this section:

(1)The frequency of use of a street may be considered relevant in a proceeding under this section, but, in the absence of additional findings on the purpose of the use, shall not alone be sufficient to establish that the street has been used for public travel.

(2)The condition or sufficiency of the street surface for public travel may be considered relevant in a proceeding under this section, but, absent additional findings of actual public maintenance and repair, shall not alone be sufficient to establish maintenance and repair by the township.

(d)Construction.-- Nothing in this section shall be construed as affecting the weight or persuasiveness of any evidence presented as provided under subsection

(b)or the relevance of any evidence presented except as otherwise provided in this section.

(e)Presentation of evidence.-- In a proceeding in which this section is relied upon to allege the existence of a public street, the proponent of the public status of the street shall present evidence first and the burden shall then shift to the opponent to present evidence to refute the public status of the street.

73c5504s