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Q: Pennsylvania realty law. ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Pennsylvania realty law.
Category: Relationships and Society > Law
Asked by: stewball-ga
List Price: $25.00
Posted: 27 Oct 2003 17:57 PST
Expires: 26 Nov 2003 17:57 PST
Question ID: 270287
What is the text of the Pennsylvania "Private roads act"? Enacted in
the 19th century. Pertains to aquiring private property through a
process similar to eminent domain.
Answer  
Subject: Re: Pennsylvania realty law.
Answered By: justaskscott-ga on 27 Oct 2003 21:53 PST
Rated:5 out of 5 stars
 
Hello stewball-ga,

I should emphasize the disclaimer at the bottom of this page, which
indicates that answers and comments on Google Answers are general
information, and not intended to substitute for informed professional
legal advice.  If you need professional legal research or advice on
the Private Road Act, you should contact a lawyer in Pennsylvania.

The entire Private Road Act is apparently quite long.  Its citation
(as indicated in the opinion cited later in this answer) is "Private
Road Act (Act), Act of June 13, 1836, P.L. 551 as amended, 36 P.S. §§
2731 - 2891".  (In other words, it extends over a large portion of 36
Pennsylvania Statutes, even if not each number from 2731 to 2891.) 
Unfortunately, the text of every Pennsylvania statute is not available
on the web; and this text is not among the statutes that are
available.

Pennsylvania Consolidated Statutes / Unconsolidated Pennsylvania
Statutes [click on "Title 36 Highways and Bridges" to see that these
statutes are not included]
http://members.aol.com/StatutesPA/Index.html

However, what appears to be the key text for your purposes is
available in a Commonwealth Court opinion.  The court quotes Section
16 of the Act [36 P.S. § 2736] as stating:

"[t]he damages sustained by the owners of the land through which any
private road may pass shall be estimated in the manner provided in the
case of a public road, and shall be paid by the persons . . . at whose
request the road was granted or laid out:  Provided, That [sic] no
such road shall be opened before the damages shall be fully paid."

Google cache of "In re the Opening of a Private Road ..." (February
13, 1997)
Pennsylvania's Unified Judicial System 
http://216.239.39.104/search?q=cache:gC_OM59fW8kJ:www.courts.state.pa.us/OpPosting/Cwealth/opinions/0297/i30r1suf.wp5

If you need any other text from 36 P.S. §§ 2731 - 2891, you should be
able to obtain it at a Pennsylvania law library, either at a
courthouse or a law school.  I would be happy to find a law library
near you, if you would like that option.  If there is no convenient
law library, I should be able to find other related sections of the
statute, if you need them.

- justaskscott-ga


Search terms used on Google:

"private roads act"
"private road act"
pennsylvania laws
pennsylvania statutes
stewball-ga rated this answer:5 out of 5 stars and gave an additional tip of: $10.00
Timely response. The most important information was provided,
considering the extensive scope of the subject.

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