Dintaman v. Harrisburg

Citations

• 265 Pa. 357
• 108 A. 724
• 1919 Pa. LEXIS 555

Syllabus

<p>Road law — Damages—Opening street — Improvement within lines of unopened street — Improvements made after approval of plans locating street — Act of January 2,1871, P. L. 1556.</p> <p>1. At common law damages cannot be assessed upon tbe opening of a street on account of improvements made within tbe lines of a located but unopened street after approval by tbe municipal authorities of tbe plans locating the street.</p> <p>2. Tbe legislature by the Act of January 2, 1871, P. L. 1556, ratified and confirmed all tbe streets laid out in tbe City of Harrisburg, surveyed pursuant to tbe authority conferred by the Act of April 9, 1869, except, inter alia, so much thereof as extended from Front street to low watermark of tbe Susquehanna river from State to Maelay streets, and provided that before it could be opened between State and Maelay streets of tbe uniform width of tbe other portions already laid out to low watermark, a plan was to be executed and recorded witbin two years after tbe passage of tbe Act of 1871. It was also provided that property owners were to receive no compensation for buildings erected on any street of tbe city after it was designated and laid out by tbe authorities. Tbe city failed to record a plan showing Front street, between State and Maelay streets, as extending to low watermark. Held, that Front street as contemplated was never fully laid out between State and Maelay streets, and that the city lost the benefit of the statute and tbe rule of tbe common law relieving it from paying damages for buildings erected within tbe lines of a located but unopened street, after approval of tbe plans locating tbe street.</p>