Section 2767 - Improvement on order of common pleas(a) In all cases in which it shall be found impossible to enter into contracts or agreements under section 2765, or where either the city or borough and the township or the county in which such township is situated shall refuse to enter into such contract or agreement, either a municipal corporation or the county may present its petition to the court of common pleas of either county setting forth the facts and circumstances, including the condition of the road from which the necessity and desirability for the grading, curbing, macadamizing or paving of the roadway appears, and the estimated cost thereof, and that the terms of such contract cannot be agreed upon by the municipal corporations and the county, or either or any of them, or that either such municipal corporations or the county or any of them refuses to enter into such contract.(b) The petition may request that the court, after hearing all the parties concerned, make its order or decree defining the nature and character of the improvement reasonably necessary or desirable to be made to the roadway, and requiring the parties hereinabove specified to enter into a contract or contracts for the making and constructing of the same as herein provided for. A copy of said petition, duly certified, shall be served upon the municipal corporations or county concerned, other than the petitioner, with notice of the day fixed by the court for the hearing. Thereupon, any of the parties served with such notice shall be entitled, on or before such date, to file in the court its answer to said petition setting forth its version of the facts or such other matters in relation thereto as may be deemed necessary or proper by it.(c) The court, upon the date fixed or at such other time as it may appoint, shall hear the evidence of the parties, or it may refer the matter to a master who shall hear the testimony of the parties and report his findings, in the same manner and under the same procedure as provided by the rules in equity in similar cases, to the court, which may reject, confirm or modify the same, and may make its decree or order directing the making of such alterations or improvements to the roadway as may be deemed reasonably necessary or desirable, and providing for the sharing of the cost of such improvements, one-half by the municipal corporation and one-half by the county and township, in equal portions.(d) Said order or decree may further provide that the repairs to such alterations and improvements subsequently required shall be borne one-half by the municipal corporation, whether borough or city, and one-half by the county or township in equal portions, or such other proportions, as between the county and the township, as such court may find to be legal and proper. Thereupon, the grading, curbing, macadamizing or paving of the roadway of such road shall proceed in accordance with the decree or order of the said court in the same manner as if the contract or agreement had been entered into and duly executed.Amended by P.L. TBD 2018 No. 154, § 127, eff. 12/24/2018.1955, Aug. 9, P.L. 323, § 2767.