Clifford Township v. Ransom

In Clifford Township v. Ransom, 41 Pa. Commw. 211, 398 A.2d 768 (Pa. Cmwlth. 1979), the Department formally abandoned a portion of the state highway and reconstructed a new highway just west of the abandoned portion of the highway. It was undisputed that the abandoned state highway was previously a township road. The township agreed that a duty to maintain the abandoned portion of the highway reverted to the township, and that it had not formally vacated the abandoned road. The only issue in that case was whether the abandoned portion of the highway should be deemed to be vacated because it had not been maintained by the township or used by the public for a very long period of time. The Court held that the township had a statutory duty to maintain the abandoned road until it vacated the road pursuant to the procedures set forth in former Section 1102 of the Township Code, 53 P.S. 66102, currently Section 2305, added by Section 1 of the Act of November 9, 1995, P.L. 350, 53 P.S. 67305.