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§ 1501. Authority of State Mining Commission; application; members of commission; proceedings b...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 52 P.S. Mines and Mining (Refs & Annos)
Chapter 22. Coal Under State Lands, Easements and Rights of Way (Refs & Annos)
52 P.S. § 1501
§ 1501. Authority of State Mining Commission; application; members of commission; proceedings before commission; appeals
Whenever the Commonwealth has heretofore acquired or may hereafter acquire lands, easements or right of ways underlaid by mineable coal, the State Mining Commission created in accordance with the provisions of this act upon application of the Commonwealth, the county or the municipality within which such lands, easements or right of ways are situated or the owner of the coal underlying such lands, or the person entitled to remove the same in case the assessment of damages is desired, or of the owner or person entitled to remove the coal only if the removal of the coal is desired in lieu of damages, is hereby empowered to determine, authorize, and direct the underlying or adjacent coal, if any, to be left in place for the purpose of furnishing vertical or lateral support to said land, easement or right of way, the underlying or adjacent coal, if any, which may be removed, and the material, if any, to be substituted for the coal so removed, together with the method and manner of placing such material in the mine workings, for the purpose of furnishing both vertical and lateral support to such land, easement or right of way and the party or parties by whom the expense thereof shall be paid. The application on behalf of the Commonwealth shall be made by the department, board or commission of the State government having jurisdiction over the particular land, easement or right of way underlaid by mineable coal. The president judge of the court of common pleas of the county in which the land, easement or right of way is situated, who shall be the chairman thereof, one member of the Public Utility Commission or an engineer designated by it, the Secretary of Mines or his designated representative, the head of the department, board or commission of the State government owning the lands, easements or right of ways in question or his designated representative, and an engineer designated by the owner or person entitled to remove the coal, are hereby constituted a special commission to be known as the State Mining Commission. This commission shall have exclusive jurisdiction of the mining of coal under lands, easements and right of ways purchased, condemned or otherwise acquired by the Commonwealth and judicial powers to hear and determine all evidence which may be presented; to compel the attendance of witnesses and the production of books, records, and other information by subpoena; to conduct such investigations as it may deem necessary; to make and enforce such orders, decrees and rules of procedure as it may deem advisable; to determine and assess damages, if any, for coal required by the said Commission to be left in place and benefits, if any, for improvements or betterments; to allocate among the parties in interest the cost of its proceedings as well as any work which it may order performed; and to enforce its orders and decrees through the court of common pleas of the county in which the lands, easements and right of ways purchased, condemned or otherwise acquired by the Commonwealth is situated. The proceedings before the Commission, including all notes of testimony and exhibits, shall be filed and docketed in the office of the prothonotary of the said court of common pleas at the expense of the county. A majority of the commission, of which the chairman must be one, may act for and exercise the powers of the commission. All parties in interest shall have the same right of appeal from decisions, orders and decrees of the State Mining Commission, as now or hereafter provided for appeals from the decisions, orders and decrees of courts of common pleas: Provided, That in case of an appeal from an award by the commission of compensation for damages resulting from an appropriation of property under the provisions of this act the appeal shall, in case any party is entitled to demand a jury trial under section eight of Article sixteen of the Constitution of this Commonwealth, be to the courts of the proper county thereof.

Credits

1933, June 1, P.L. 1409, § 1. Amended 1935, July 18, P.L. 1306, § 1; 1937, May 26, P.L. 891, § 1; 1941, July 3, P.L. 259, § 1; 1971, June 3, P.L. 134, No. 6, § 1 (§ 509(a)(103)).
52 P.S. § 1501, PA ST 52 P.S. § 1501
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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