§ 5506. Procedures for laying out, opening, changing, improving or vacating streets.

404 words·~2 min read·/pa/title-73/chapter-55/5506

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(a)General rule.-- Before the enactment of an ordinance for the laying out, opening, widening, straightening, extending, altering, improving, relocating or vacating of a street or highway or portion of a street or highway, the board of commissioners shall give 10 days' written notice to the owners of property adjacent to the street or highway or portions of the street or highway affected of the time and place set for a hearing on the proposed matter. Witnesses may be summoned and examined by the board of commissioners and by the parties interested at the hearing.

(b)Report.-- After the hearing and a consideration of the matter under subsection (a), if the board of commissioners votes in favor of exercising the power conferred, the board of commissioners shall make a written report, together with a draft or survey of the street or highway, which shall include:

(1)the width of the street or highway;

(2)the improvements along the street or highway; and

(3)the names of the owners of property which the street or highway shall pass through or abut.

(c)Filing of report.-- The report and draft shall be filed in the recorder of deeds office of the county.

(d)Filing of exceptions.-- A resident or property owner affected by the report may, within 30 days after the filing of the report of the board of commissioners, upon entering in the court sufficient surety to indemnify the board of commissioners for all costs incurred in the proceedings, file exceptions to the report, together with a petition for a review.

(e)Process.-- The following shall apply after the expiration of the term allowed for filing exceptions or upon an order of the court upon disposition of any exceptions:

(1)If the board of commissioners desires to lay out, open, widen, straighten, alter, extend, improve, relocate or vacate the street or highway or portion of the street or highway, the board of commissioners shall enact an ordinance for the actions.

(2)The court of common pleas, on application by petition by the board of commissioners or any person interested, shall appoint three viewers from the county board of viewers to assess the damages and benefits occasioned by the proceeding unless the damages and benefits are otherwise agreed upon.

73c5506v

Cross References. Section 5506 is referred to in section 5502 of this title.

73c5507s