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Resolution authorizing the taking, appropriating, and condemning by the City of Pittsburgh of certain property rights in temporary construction easements and public right of way necessary for the completion of the comprehensive rehabilitation project for the Swindell Bridge, in the 26 Ward, for public transportation purposes through eminent domain and further authorizing the payment of just compensation and necessary and incidental acquisition costs related thereto at an amount to be distributed amongst property owners that in aggregate shall not to exceed Five Thousand Four Hundred Dollars ($5,400.00), reimbursable at 95%.
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WHEREAS, the Pennsylvania Eminent Domain Code, 26 Pa. C.S. § 101 et seq., authorizes the City of Pittsburgh to take by eminent domain private property for a public purpose; and
WHEREAS, the Pennsylvania General Municipal Law, 53 P.S. § 1081, authorizes the City of Pittsburgh to take by eminent domain private property for roadway purposes; and
WHEREAS, the City of Pittsburgh is advancing a comprehensive rehabilitation of the Swindell Bridge located in the 26th Ward of the City (the “Project”); and
WHEREAS, site control for the Project requires a series of property rights in the area belonging to owners that cannot be identified or located after due diligent outreach; and
WHEREAS, the City of Pittsburgh is compelled to resort to takings by eminent domain in such cases so as to allow this important work to progress.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The City of Pittsburgh is hereby authorized to take through eminent domain for public safety and public highway purposes, pursuant to applicable law including but not limited to 26 Pa. C.S. § 101 et seq., and 53 P.S. § 1081, certain property rights comprised of temporary construction easements and public right-of-way over properties designated as Parcels 46-C-217, 46-C-213, and 46-C-216 as further demarcated in Exhibit “A” for the purposes of comprehensive rehabilitation of the Swindell Bridge in the 26th Ward of the City of Pittsburgh.
Section 2. The cost and expense of any or all of the aforementioned potential condemnations, including but not limited to payment of estimated just compensation, shall be in an amount not to exceed Five Thousand Four Hundred Dollars ($5,400.00) in aggregate, reimbursable at 95%, and is hereby authorized and shall be chargeable and payable from the following accounts:
|
JDE Job No. |
JDE Fund |
Budget Year |
Amount |
Source |
|
6073870425 |
40114 |
2025 |
$5,130.00 |
TIP |
|
6073870325 |
40025 |
2025 |
$270.00 |
Bond |