Pennsylvania Statutes Title 36 P.S. Highways and Bridges § 670-211. Use of abandoned canals and railroad or railway rights of way for relocation of State highways

Whenever any abandoned canal or part thereof is no longer used for the purpose for which it was intended and is not used or occupied by a railroad or railway in actual operation, or whenever any right of way of a railroad or railway has been abandoned or has not been used, occupied or built upon for a period of two years or more, and such canal or right of way extends in the same general direction in which a State highway is projected, the secretary may take over any such canal or part thereof or any such railroad or railway right of way for the purpose of relocating such State highway, and, if a price therefor, to be approved by the Governor, can be agreed upon, acquire the same, or as much thereof as is needed, in the name of the Commonwealth, from the owners thereof.  If no such price can be agreed upon, the canal or right of way, or as much thereof as is needed, shall be acquired by eminent domain under the procedure prescribed in Article III of this act.  1