State Road

Citations

• 236 Pa. 141
• 84 A. 686
• 1912 Pa. LEXIS 726

Syllabus

<p>Road law — Widening of street — Dedication of street by plan of lots — Act of May 9, 1889, P. L. 178.</p> <p>1. The Act of May 9, 1889, which provides that streets laid out upon a plan of lots, if unopened for twenty-one years shall not be opened without the consent of the owner, has no application to an old road or street opened and used prior to the passage of the act. If the road is dedicated by the plan of lots as of the width of sixty feet, but at the date of the recording of the plan is actually opened and used by the public to the width of fifty feet, the road may be subsequently widened to the width of sixty feet and the Act of May 9, 1889, P. L. 173, cannot be used by the owner to defeat such widening.</p> <p>2. The act relates to what, qua the particular land, would be new streets laid out by owners thereof but not opened or used by the public for “twenty-one years next after the laying out of the same,” and its purpose is to relieve land upon which streets have been laid out by the owner from the servitude thus imposed.</p>