1511 - Additional powers of certain public utility corporations.

     § 1511.  Additional powers of certain public utility                corporations.        (a)  General rule.--A public utility corporation shall, in     addition to any other power of eminent domain conferred by any     other statute, have the right to take, occupy and condemn     property for one or more of the following principal purposes and     ancillary purposes reasonably necessary or appropriate for the     accomplishment of the principal purposes:            (1)  The transportation of passengers or property or both        as a common carrier by means of elevated street railway,        ferry, inclined plane railway, railroad, street railway or        underground street railway, trackless-trolley omnibus or by        any combination of such means.            (2)  The transportation of artificial or natural gas,        electricity, petroleum or petroleum products or water or any        combination of such substances for the public.            (3)  The production, generation, manufacture,        transmission, storage, distribution or furnishing of natural        or artificial gas, electricity, steam, air conditioning or        refrigerating service or any combination thereof to or for        the public.            (4)  The diverting, developing, pumping, impounding,        distributing or furnishing of water from either surface or        subsurface sources to or for the public.            (5)  The collection, treatment or disposal of sewage for        the public.            (6)  The conveyance or transmission of messages or        communications by telephone or telegraph for the public.            (7)  The diverting, pumping or impounding of water for        the development or furnishing of hydroelectric power to or        for the public.            (8)  The transportation of oxygen or nitrogen, or both,        by pipeline or conduit for the public.        (b)  Restrictions.--The powers conferred by subsection (a)     shall not be exercised:            (1)  To condemn for the purpose of constructing any        street railway, trackless-trolley omnibus, petroleum or        petroleum products transportation or aerial electric        transmission, aerial telephone or aerial telegraph lines:                (i)  Any dwelling house or, except in the case of any            condemnation for petroleum or petroleum products            transportation lines, any part of the reasonable            curtilage of a dwelling house within 100 meters therefrom            and not within the limits of any street, highway, water            or other public way or place.                (ii)  Any place of public worship or burying ground.            (2)  To condemn any place of public worship or burying        ground for the purpose of constructing any elevated street        railway, sewer or underground street railway line.        (c)  Public Utility Commission approval.--The powers     conferred by subsection (a) may be exercised to condemn property     outside the limits of any street, highway, water or other public     way or place for the purpose of erecting poles or running wires     or other aerial electric, intrastate aerial telephone or     intrastate aerial telegraph facilities only after the     Pennsylvania Public Utility Commission, upon application of the     public utility corporation, has found and determined, after     notice and opportunity for hearing, that the service to be     furnished by the corporation through the exercise of those     powers is necessary or proper for the service, accommodation,     convenience or safety of the public. The power of the public     utility corporation to condemn the subject property or the     procedure followed by it shall not be an issue in the commission     proceedings held under this subsection, and no court shall     entertain any proceeding questioning the jurisdiction of the     commission under this subsection. A final order of the     commission approving or denying an application under this     subsection, including an order involving a question of     jurisdiction under this subsection, may be made the subject of     any appeal in the manner provided or prescribed by law.        (d)  Estate in property condemned.--The estate in property     condemned and taken by a public utility corporation shall be in     fee simple absolute unless the resolution of condemnation     specifies a lesser estate. Whenever it is necessary for any     public utility corporation to condemn by authority of subsection     (a) the freehold in the surface of any tract of property or the     right to the exclusive possession for any indefinite period of     the surface of any tract of property, the public utility     corporation shall condemn a fee simple absolute and no less     estate in the tract or the surface thereof.        (e)  Streets and other public places.--A public utility     corporation shall have the right to enter upon and occupy     streets, highways, waters and other public ways and places for     one or more of the principal purposes specified in subsection     (a) and ancillary purposes reasonably necessary or appropriate     for the accomplishment of the principal purposes, including the     placement, maintenance and removal of aerial, surface and     subsurface public utility facilities thereon or therein. Before     entering upon any street, highway or other public way, the     public utility corporation shall obtain such permits as may be     required by law and shall comply with the lawful and reasonable     regulations of the governmental authority having responsibility     for the maintenance thereof.        (f)  Effect on other statutes.--Subsections (a) through (e)     shall not be construed to eliminate the exemption by statute of     certain agricultural or historical lands from liability to     condemnation or entry nor to affect or modify any of the     provisions of the act of December 19, 1984 (P.L.1140, No.223),     known as the Oil and Gas Act, or of 66 Pa.C.S. § 1104 (relating     to certain appropriations by the right of eminent domain     prohibited) or 2702 (relating to construction, relocation,     suspension and abolition of crossings), nor to permit the     acquisition of water rights, water or land underlying them by     any public utility corporation that has not received from the     Department of Environmental Resources a limited power permit,     limited water supply permit, order of confirmation, permit for     acquisition of water rights or gubernatorial easement, right-of-     way, license or lease authorizing the acquisition or occupancy.        (g)  Procedure.--            (1)  The act of June 22, 1964 (Sp.Sess., P.L.84, No.6),        known as the Eminent Domain Code, shall be applicable to        proceedings for the condemnation and taking of property        conducted pursuant to this section.            (2)  Notwithstanding paragraph (1), a corporation having        the power of eminent domain that condemns for occupation by        electric, underground telephone or telegraph, gas, oil or        petroleum products lines used directly or indirectly in        furnishing service to the public an interest (other than a        fee) for right-of-way purposes or an easement for such        purposes may elect to proceed as follows in lieu of the        procedures specified in sections 402, 403, 405 and 406 of the        Eminent Domain Code:                (i)  If the corporation and any interested party            cannot agree on the amount of damages sustained, or if            any interested party is an unincorporated association, or            is absent, unknown, not of full age or otherwise            incompetent or unavailable to contract with the            corporation, or in the case of disputed, doubtful or            defective title, the corporation may make a verified            application to the appropriate court for an order            directing the filing of a bond to the Commonwealth, in an            amount and with security to be approved by the court, for            the use of the person or persons who may be found to be            entitled to the damages sustained. The application shall            be accompanied by the bond and a certified copy of the            resolution of condemnation. The resolution shall describe            the nature and extent of the taking.                (ii)  If the address of such interested party is            known to the corporation, written notice of the filing of            the application under subparagraph (i) shall be sent to            such party by mail, or otherwise, at least ten days prior            to the consideration thereof by the court. Otherwise the            corporation shall officially publish such notice in the            county or counties where the property is situated twice a            week for two weeks prior to consideration by the court            and shall give such supplemental or alternative notice as            the court may direct.                (iii)  Upon entry by the court of an order approving            the bond and directing that it be filed, the title that            the corporation acquires in the right-of-way or easement            described in the resolution of condemnation shall pass to            the corporation and the corporation shall be entitled to            possession.                (iv)  The papers filed by the corporation with the            court under this paragraph shall constitute the            declaration of taking for the purposes of sections 404,            408 and 409 and Articles V through VIII of the Eminent            Domain Code.        Saved from Repeal.  Subsec. (g)(2) is saved from repeal by     section 5(4) of the act of May 4, 2006, P.L.112, No.34, which     put into effect the provisions of Title 26 (Eminent Domain).        References in Text.  The Department of Environmental     Resources, referred to in subsec. (f), was abolished by Act 18     of 1995. Its functions were transferred to the Department of     Conservation and Natural Resources and the Department of     Environmental Protection.        Cross References.  Section 1511 is referred to in section     8102 of this title.