SENATE AMENDED
PRIOR PRINTER'S NOS. 240, 1133, 1943, PRINTER'S NO. 2965
1984
No. 217 Session of 1975
INTRODUCED BY MESSRS. SHELHAMER, WEIDNER, THOMAS, YAHNER, W. W.
FOSTER, PRATT, COLE, DREIBELBIS, ZELLER, SHUMAN, KLINGAMAN,
MORRIS, DAVIS, BRANDT, DeVERTER, BRADLEY AND GREEN,
FEBRUARY 4, 1975
SENATOR STAPLETON, AGRICULTURE, IN SENATE, AS AMENDED,
MARCH 22, 1976
AN ACT
1 Exempting the owner of certain agricultural land from the
2 payment of assessments for municipal improvements during the
3 period of time that the owner does not use the services
4 provided by the improvements OR UNTIL THERE IS A CHANGE IN <--
5 THE USE OF THE LAND.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The owner of land that has been certified by the
9 Secretary of Agriculture as having been used primarily for
10 agricultural purposes for at least three years immediately
11 preceding the installation of water or sewer lines in a right-
12 of-way fronting on such land, which right-of-way was not secured <--
13 from the said owner, shall not be liable for the cost of the
14 installation of the water or sewer lines provided that he does
15 not avail himself of the services provided by the lines OR DOES <--
16 NOT CHANGE THE USE OF THE LAND. FOR THE PURPOSE OF THIS ACT, <--
17 LAND SHALL BE DEFINED AS THAT PRESENTLY DEVOTED TO AGRICULTURAL
1 USE FOR THE PURPOSE OF PRODUCING AN AGRICULTURAL COMMODITY AS
2 DEFINED IN THE ACT OF SEPTEMBER 20, 1961 (P.L.1541, NO.657),
3 KNOWN AS THE "PENNSYLVANIA AGRICULTURAL COMMODITIES MARKETING
4 ACT OF 1968" OR ANY FARM PRODUCT AS DEFINED IN 1 PA.C.S. § 1991
5 (RELATING TO DEFINITIONS) AND SUCH LAND WAS DEVOTED TO
6 AGRICULTURAL USE THE PRECEDING THREE YEARS AND IS NOT LESS THAN
7 TEN CONTIGUOUS ACRES IN AREA OR HAS ANTICIPATED YEARLY GROSS
8 INCOME OF $2,000 FROM AGRICULTURE. The municipality or authority
9 installing the lines shall have the right to file with the <--
10 recorder of deeds in the county in which the land is located a
11 notice of record, indexed in mame NAME of the owner, indicating <--
12 that the lines have been installed and that if the present or
13 any subsequent owner of the land avails himself of the services
14 provided by the lines OR IF THE USE OF THE LAND IS CHANGED, such <--
15 owner shall be liable for the cost of installation of such water
16 or sewer lines. as provided in section 4. <--
17 Section 2. The owner of any land in excess of five acres <--
18 other than that to which is referred in section 1 who shall not
19 avail himself of the services provided by the water and sewer
20 lines shall pay presently at least 10% of the assessment to
21 which he would be liable had he availed himself of the services,
22 provided, that if such land has a dwelling located upon it, the
23 owner shall pay presently the entire assessment for which he
24 would be liable had he availed himself of the services. The
25 municipality shall not refuse a claim for the exemption made by
26 any such owner until it has first had a hearing thereon.
27 SECTION 2. WHEN THE USE OF THE LAND IS CHANGED FROM <--
28 AGRICULTURE THE OWNER SHALL, WITHIN 60 DAYS, NOTIFY IN WRITING
29 THE MUNICIPALITY OR AUTHORITY OF THE CHANGE. NOTWITHSTANDING THE
30 PROVISIONS OF THE ACT OF MAY 16, 1923 (P.L.207, NO.153),
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1 REFERRED TO AS THE MUNICIPAL CLAIM AND TAX LIEN LAW AT THAT TIME
2 OR AT ANY SUBSEQUENT TIME, THE MUNICIPALITY OR AUTHORITY MAY
3 PLACE A LIEN AGAINST THE PROPERTY IN AN AMOUNT EQUAL TO THE
4 AMOUNT THAT WOULD HAVE BEEN DUE HAD IT NOT BEEN FOR THE
5 PROVISIONS OF THIS ACT. IF THE OWNER FAILS TO NOTIFY THE
6 MUNICIPALITY OR AUTHORITY AS HEREIN PROVIDED THE MUNICIPALITY OR
7 AUTHORITY MAY CHARGE AS A PENALTY 10% OF THE ASSESSMENT THAT
8 WOULD HAVE BEEN MADE HAD IT NOT BEEN FOR THE PROVISIONS OF THIS
9 ACT PLUS INTEREST AT THE RATE OF 8% FROM THE DATE OF THE CHANGE.
10 Section 3. If there is a farm dwelling located on the land <--
11 and IF the owner avails himself of the services provided by the <--
12 lines for that dwelling only WITHOUT A CHANGE IN USE he shall be <--
13 liable for the cost of installation in an amount that bears the <--
14 same proportion to the total charge for the water or sewer line
15 assessment on all his land as the plot and the immediate area of
16 land surrounding the farm dwelling, equal to at least one acre,
17 bears to the total land area of the owner's property subject to
18 assessment. BUT ONLY ON THAT AMOUNT OF THE PROPERTY THAT IS <--
19 BENEFITED BY THE USE OF THE LINES.
20 Section 4. Except as provided in sections 2 and 3, if the <--
21 owner or subsequent owner of land described in sections 1 or 2
22 avails himself of the services provided by the lines he shall
23 become liable in the same manner as the other property owners
24 who were assessed at the time the installation was made. Only
25 that amount of the owner's property that is benefited by the use
26 of the water or sewer lines shall be subject to the assessment
27 charge. Notwithstanding any other provisions of law to the
28 contrary, the municipality or authority which installed the
29 sewer or water lines shall have six months from the date the
30 owner or any subsequent owner avails himself of the services
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1 provided by the lines to place a lien against the benefited
2 property in an amount equal to the cost of installing the lines
3 benefiting the said property.
4 SECTION 4. THIS ACT SHALL TAKE EFFECT IN SIX MONTHS. <--
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