35 Pa. Stat. § 691.314

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 691.314 - Authorizing certain corporations to acquire interests in land by eminent domain

Whenever the department shall direct any corporation to cease discharging industrial waste into any waters of the Commonwealth, pursuant to the public policy set forth in this act, and such directive would materially affect the operations of that corporation's business, then such corporation if not otherwise vested with the right of eminent domain may make application to the department for an order, finding that the use by the applicant of a specified interest in a specifically described piece of land is necessary in connection with the elimination, reduction or control of the pollution of any of the waters of this Commonwealth. For the purposes of this act, such corporations are vested with the right of eminent domain which shall be exercised only upon authorization of the department, in which event they shall proceed in the manner and form set forth in the "Eminent Domain Code," act of June 22, 1964 (Sp.Sess., P.L. 84, No. 6), as amended: Provided, That no property devoted to a public use or owned by a public utility or used as a place of public worship or used for burial purposes shall be taken under the right of eminent domain: And provided further, That where any existing public street or road is vacated by any municipality in order to facilitate any undertaking in connection with land acquired under the right of eminent domain as provided for above, the corporation acquiring such land shall reimburse all public utilities, municipalities and municipality authorities for the costs of relocating and reconstructing their facilities necessitated by the closing of any such street or road.

In the event the application by the corporation to the department is denied, then the corporation so applying may appeal to the court of common pleas in the county where the specified land in which the specified interest is sought to be obtained by eminent domain is situated, and the court shall be empowered to review all questions of fact as well as of law.

35 P.S. § 691.314

1937, June 22, P.L. 1987, art. III, § 314, added 1956, April 20, P.L. (1955) 1479, § 1. Amended 1970, July 31, P.L. 653, No. 222, § 11.1; 1980, Oct. 10, P.L. 894, No. 157, § 1, imd. effective.