Pennsylvania Act 1929-371 — VALIDATING BOROUGH ACTIONS

Act text

VALIDATING BOROUGH ACTIONS
                 Act of Apr. 29, 1929, P.L. 852, No. 371              Cl. 36
                                  AN ACT

     Validating proceedings and ordinances of borough councils
        providing for joint grading, paving, curbing, and draining of
        public highways by the borough and county, borough and State,
        or the borough, county and State, and validating municipal
        liens therefor.
        Section 1.  Be it enacted, &c., That whenever, in any borough
     in this Commonwealth, prior to the passage of this act, a
     highway, or part thereof, has been jointly improved by the
     borough and county, borough and State, or the borough, county
     and State, by being graded, paved, or paved, curbed, and
     drained, with brick, concrete, or other paving, curbing, and
     draining materials, in pursuance of the authority of an act of
     the Assembly, and an ordinance passed and enacted in pursuance
     thereof, and the costs and expenses, or part thereof, of the
     improvement assessed on abutting property owners, as provided by
     the ordinance and act of Assembly authorizing and directing such
     improvement, and a municipal claim or lien has been filed
     against the property therefor, but, owing to some defect in the
     ordinance, assessment, or notice of assessment, or time of
     filing the lien, or for any other reason whatsoever, the
     ordinance or proceedings by the council, authorizing and
     directing the improvement and making the assessment or filing
     the lien therefor, or the proceedings in the filing of any
     municipal claim or lien therefor, are, for any reason, defective
     or invalid, or where, by reason of the fact that the interest of
     the person or corporation named in the lien as owner or reputed
     owners in an estate in the minerals only, whether as tenant or
     an owner thereof, it might or could be contended that the land
     described in the lien is not bound thereby, and especially in
     the case the lien has not been filed within the time prescribed
     by law,--such ordinance and all proceedings authorizing the
     improvement, and making the assessment therefor, and any
     municipal claim or lien filed therefor, are hereby validated and
     made binding, for the amount justly and equitably due and
     payable on account of such grading, paving, curbing, and
     draining: Providing, That this act shall not apply to any
     proceeding, suit, or lien whereon a final order or judgment of
     any court of record has already been made or entered: And
     provided further, That this act shall not validate any lien
     against any property which has been conveyed to a bona fide
     purchaser thereof, subsequent to the expiration of the period
     prescribed by law for the filing of such liens, and prior to the
     time of the filing thereof, or give the lien thus filed priority
     over any bona fide lien or liens then existing against the
     property.