Streets & Alleys in Parkesburg Borough

Citations

• 124 Pa. 511
• 23 W.N.C. 391
• 17 A. 27
• 1889 Pa. LEXIS 1056

Syllabus

<p>1. By § 2, act of April 3, 1851, P. L. 320, the power to lay out and ordain streets, alleys, etc., beginning and ending within the corporate limits of a borough subject to the provisions of said act, is exclusively in the corporate authorities: Somerset and Stoystown Road, 74 Pa. 61; South Chester Road, 80 Pa. 371.</p> <p>2. Under the provisions of § 27 of said act and of § 8, article XVI. of the constitution, the streets, alleys, etc., so laid out and ordained, may not be opened to public use until just compensation is made to property owners, to be ascertained upon assessment under proceedings in the Court of Quarter Sessions.</p> <p>3. The proviso to paragraph V., § 27 of said act, that all damages assessed beyond the value of the land taken shall bo paid by the corporation, applies now only to roads laid out under the general road law of June 13, 1836, P. L. 555, of which parts only are within the corporate limits.</p> <p>4. But where damages to property owners are assessed in proceedings upon the petition of the corporate authorities, under the act of April 22, 1856, P. L. 525, on the opening of streets, alleys, etc., wholly within the corporate limits, the entire damages, including the value of the land taken, are to be paid by the municipality.</p>