Pennsylvania Statutes Title 52 P.S. Mines and Mining § 1503. Damages; determination and payment; agreements by county or municipality to indemnify Commonwealth

Any damages sustained by the owner of the coal, or the person entitled to remove the same, as a result of any obligation to furnish vertical and lateral support arising because of the acquisition of such land, easement or right of way by the Commonwealth which obligation did not exist prior to the date of such acquisition, shall be determined by the State Mining Commission in accordance with the provisions of this act. Such damages as finally determined shall be paid by the Commonwealth, the county or the municipality in accordance with existing laws, and the damages payable by the Commonwealth shall be payable out of funds appropriated to the department, board or commission for the purchase, condemnation or other acquisition of the lands, easements or right of ways under consideration. Any county or municipality which may be liable for damages for coal required to be left in place for the support and safety of lands, easements or right of ways owned by the Commonwealth as herein set forth, shall have authority to enter into agreements to indemnify the Commonwealth for any damages, or reimburse it for the replacement of any structure or other improvement which may be injured or destroyed by the removal of coal under or adjacent to lands, easements or right of ways owned by the Commonwealth. This act shall not be construed to create any new right of action for damages or any right of action or procedure, not existing or available at the time of the original acquisition of such easement.