Pennsylvania Act 1976-71 — AGRICULTURAL LAND - EXEMPTION FROM WATER AND SEWER ASSESSMENTS

Act text

AGRICULTURAL LAND - EXEMPTION FROM WATER AND SEWER ASSESSMENTS
                  Act of May 28, 1976, P.L. 148, No. 71               Cl. 53
                                  AN ACT

     Exempting the owner of certain agricultural land and certain
        cemeteries from the payment of assessments for municipal
        improvements during the period of time that the owner does
        not use the services provided by the improvements or until
        there is a change in the use of the land. (Title amended Nov.
        20, 1979, P.L.473, No.98)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  From and after the effective date of this act the
     owner of land that has been certified by the Secretary of
     Agriculture as having been used primarily for agricultural or
     cemetery purposes for at least three years immediately preceding
     the installation of water or sewer lines in a right-of-way
     fronting on or crossing such land, shall not be liable for the
     cost of the installation of the water or sewer lines provided
     that he does not avail himself of the services provided by the
     lines except as provided in section 3 or does not change the use
     of the land. For the purpose of this act, land shall be defined
     as that presently devoted to agricultural use for the purpose of
     producing an agricultural commodity as defined in the act of
     September 20, 1961 (P.L.1541, No.657), known as the
     "Pennsylvania Agricultural Commodities Marketing Act of 1968,"
     or any farm product as defined in 1 Pa.C.S. § 1991 (relating to
     definitions) and such land was devoted to agricultural use the
     preceding three years and is not less than ten contiguous acres
     in area or has anticipated yearly gross income of $2,000 from
     agriculture. For the purpose of this act cemetery land shall be
     deemed that land which is being used for cemetery purposes and
     that land which is contiguous to a cemetery which is being held
     by the cemetery owner for cemetery use. Cemetery use shall be
     deemed to mean use for the interment of human beings. The
     municipality or authority installing the lines shall file with
     the recorder of deeds in the county in which the land is located
     a notice of record, a certification signed and acknowledged by
     the landowner (or landowners) and indexed in name of the owner,
     indicating that the lines have been installed and that if the
     present or any subsequent owner of the land avails himself of
     the services provided by the lines or if the use of the land is
     changed, or in the case of land contiguous to a cemetery which
     is being held for cemetery use, if the land is used for other
     than a cemetery such owner shall be liable for the assessment
     cost of installation of such water and/or sewer lines as per
     originally assessed except, that in the case of a cemetery when
     the land is used for other than cemetery purposes, the installer
     of the water or sewer lines or its successors in title shall
     have the right to impose an assessment fee against said former
     cemetery property before any connection is permitted for the
     water or sewer lines. Installer shall not be construed to be a
     contractor who has no ownership interest.
        (1 amended Nov. 20, 1979, P.L.473, No.98)
        Section 2.  When the use of the land is changed from
     agriculture or from land being held for cemetery use, except
     when it is changed to cemetery use the owner shall, within 60
     days, notify in writing the municipality or authority of the
     change. Notwithstanding the provisions of the act of May 16,
     1923 (P.L.207, No.153), referred to as the Municipal Claim and
     Tax Lien Law at that time or at any subsequent time, the
     municipality or authority may place a lien against the property
     in an amount equal to the amount that would have been due had it
     not been for the provisions of this act. If the owner fails to
     notify the municipality or authority as herein provided the
     municipality or authority may charge as a penalty 10% of the
     assessment that would have been made had it not been for the
     provisions of this act plus interest at the rate of 8% from the
     date of the change.
        (2 amended Nov. 20, 1979, P.L.473, No.98)
        Section 3.  If the owner avails himself of the services
     provided by the lines without a change in use he shall be liable
     for the cost of installation but only on that amount of the
     property that is benefited by the use of the lines.
        Section 4.  This act shall take effect in six months.