Home Table of Contents

§ 138. Revocation, control, and supervision of permits; jurisdiction of courts

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part I. Forests (Refs & Annos)
Chapter 4. Sale, Exchange or Lease of State Forest Lands (Refs & Annos)
32 P.S. § 138
§ 138. Revocation, control, and supervision of permits; jurisdiction of courts
The Attorney General may, on the request of the Water Supply Commission,1 institute proceedings in any court, now or hereafter clothed with jurisdiction in cases in which the Commonwealth is a party, for the purpose of revoking, for violation of its terms, any permit issued hereunder; or for the purpose of remedying or correcting, by injunction, mandamus, or other process, any action of commission or omission in violation of the provisions of this act or any lawful regulation or order promulgated hereunder. The said courts shall have jurisdiction over all the above-mentioned proceedings, and shall have power to issue and execute all necessary process, and to make and enforce all rights, orders, and decrees to compel compliance with the law, orders, and regulations of the Commissioner of Forestry2 in respect of any so permitted dam, water obstruction, or appurtenant works, and to compel the performance of any condition imposed under the provisions of this act. In the event a decree revoking a permit is entered, the court is empowered to sell the whole or any part of the dam or other water obstruction, together with any or all appurtenant works, lands, and water rights; to wind up the business of such permittee conducted in connection with such dam or water obstruction; to distribute the proceeds to the parties entitled to the same; and to make and enforce such further orders and decrees as equity and justice may require. At such sale or sales the vendee shall take the rights and privileges belonging to the permittee, and shall perform the duties of such grantee and assume all outstanding obligations and liabilities of the grantee which the court may deem equitable in the premises.

Credits

1923, May 21, P.L. 290, § 2.

Footnotes

The Water Supply Commission, which was redesignated as the Water and Power Resources Board (see 71 P.S. § 12), was abolished and its powers and duties were transferred to the Department of Environmental Resources. See 71 P.S. §§ 510-1 and 510-103.
The powers and duties conferred upon the Commissioner of Forestry by this statute have been transferred to the Department of Conservation and Natural Resources. See 71 P.S. § 1340.302.
32 P.S. § 138, PA ST 32 P.S. § 138
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document