8 Pa.C.S. Ch. 26

8 Pa.C.S. Ch. 26
in effect

8 Pa.C.S. § 2601 Powers.

(a) Construction and repair.--Boroughs shall have the power to construct and repair wharves and docks and may acquire, by purchase or condemnation, real estate along navigable waters and within the borough limits as needed for the construction. Prior to any condemnation, a borough shall enact an ordinance authorizing the same. (b) Additional powers.--Boroughs have the following additional powers: (1) To regulate, fix and enforce the collection of the rate of wharfage for all public wharves and docks within its limits. (2) To regulate the anchoring of vessels, boats or rafts within the borough limits. (3) To regulate the depositing of freight on the public wharves.

8 Pa.C.S. § 2603 Proceedings.

The proceedings before the viewers for the assessment of damages for property taken, injured or destroyed under this chapter and the proceedings on their report shall be as provided in 26 Pa.C.S. (relating to eminent domain). The costs of all proceedings, including the compensation of the viewers, shall be paid by the borough.

8 Pa.C.S. § 2604 Assessment of damages.

(a) General rule.--The damages for the taking or injury of any property for use as a wharf, pier or bulkhead shall include full compensation for the value of the property taken or injured. (b) Partial taking.--If the property taken or injured shall constitute a part of a plant used as an entirety, the damage to the owner or tenant shall be assessed by taking the difference in market value of the plant as a whole, including buildings and all equipment installed and used in the plant, before and after taking or injury, and notwithstanding that part of the plant may be separated by a street or highway.

8 Pa.C.S. § 2605 Leases.

Any borough may lease any wharf or part and collect rent by distress or otherwise. No one term of a lease shall be for a period longer than three years.

8 Pa.C.S. § 2606 Market houses, terminal sheds, tracks and facilities.

(a) Market houses and terminal sheds.--Boroughs may erect and maintain market houses and terminal sheds on wharves for the receipt and distribution of freight and express. (b) Tracks and facilities.--Boroughs may construct railroad and street railway tracks or other facilities on wharves to provide for the convenient hauling of freight or express matter and may collect rents, tolls or charges for the use of market houses, terminal sheds, tracks and facilities. No permit other than a license revocable at will shall be granted, and no exclusive permit for the use of the facilities shall be granted.

8 Pa.C.S. § 2607 Public use preserved.

No structure erected and no right granted under the powers conferred under this chapter shall interfere with the public use of wharves for waterborne commerce.

8 Pa.C.S. § 2608 Saving clause.

Nothing contained in this chapter shall be construed as conferring upon boroughs any power conferred by existing law on the Navigation Commission for the Delaware River and its Navigable Tributaries or to permit boroughs to do any act or to enact any ordinance inconsistent with the laws, rules and regulations relating to the commission.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=08Fetched: 10/16/2026