PRINTER'S NO. 486
No. 447 Session of 1977
INTRODUCED BY KOWALYSHYN AND WILSON, MARCH 2, 1977
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 2, 1977
AN ACT
1 Amending the act of January 13, 1966 (1965 P.L.1292, No.515),
2 entitled "An act enabling certain counties of the
3 Commonwealth to covenant with land owners for preservation of
4 land in farm, forest, water supply, or open space uses,"
5 providing that the use of the land for an unimproved airplane
6 landing strip shall not constitute a breach of the covenant.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 6, act of January 13, 1966 (1965
10 P.L.1292, No.515), entitled "An act enabling certain counties of
11 the Commonwealth to covenant with land owners for preservation
12 of land in farm, forest, water supply, or open space uses," is
13 amended to read:
14 Section 6. Breach of Covenant by Land Owner.--If the land
15 owner, his successors or assigns, while the covenant is in
16 effect, alters the use of the land to any use other than that
17 designated in the covenant, such alteration shall constitute a
18 breach of the covenant and the land owner at the time of said
19 breach, shall pay to the county, as liquidated damages, the
20 difference between the real property taxes paid and the taxes
1 which would have been payable absent the covenant, plus compound
2 interest at the rate of five percent per year from the date of
3 entering the covenant to the date of its breach or from a date
4 five years prior to the date of its breach whichever period is
5 shorter. Such liquidated damages shall be a lien upon the
6 property collectible in the manner provided by law for the
7 collection of unpaid real property taxes. The acquisition by
8 lease, purchase or eminent domain, and use of rights of way or
9 underground storage rights in such land by a public utility or
10 other body entitled to exercise the power of eminent domain
11 shall not constitute an alteration of use or a breach of
12 covenant. The use of land, subject to a covenant under this act,
13 for unimproved airplane landing strips and tie down areas shall
14 not constitute an alteration of use or breach of covenant as
15 long as all the other qualifying criteria are met.
16 Section 2. This act shall take effect immediately.
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