Adopted by Borough Council · March 8, 2021
A sanitary sewer project that had stalled for lack of access can now move forward. On March 8, 2021, Borough Council adopted Resolution No. 2021-03, authorizing Tyrone to acquire a sewer right-of-way across property owned by VS Tyrone LLC. The Sewer Department had already contracted a company to perform the work, but the project could not proceed without legal access across the property.
Adopted unanimously
In favor: all members present — Robert Dollar, Sarah Jane Miller, Charlie Mills, Ken Patterson, Tammy Wills, William Wiser. Absent: David Snyder.
According to the Borough, VS Tyrone LLC did not respond to numerous attempts to reach the owner about granting the easement. With the contractor ready and no agreement in hand, Council turned to the formal acquisition process to secure the access the project requires.
A right-of-way, or easement, gives the Borough the legal right to install, access, and maintain sewer infrastructure on a defined strip of private land while the owner keeps title to the property. When an owner and a municipality cannot reach a voluntary agreement, Pennsylvania law lets the municipality acquire the easement through condemnation under Pennsylvania’s Eminent Domain Code (Title 26). That process is not a forfeiture: it sets out procedures the Borough must follow and entitles the property owner to just compensation for the interest taken, with the right to challenge the amount.
Acquiring an interest in property by condemnation is a significant act of municipal authority, so it requires a formal vote rather than an administrative decision. By passing the resolution, Council authorized the Borough to begin that process and keep the contracted sewer work on schedule. Residents with questions about the Borough’s sewer system can reach the Sewer Department through the Borough Office at 1100 Logan Avenue, (814) 684-1330.
On record: Resolution No. 2021-03 is part of the public meeting record at the Borough Office, 1100 Logan Avenue. Learn more about the process from Pennsylvania’s Eminent Domain Code (Title 26).
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