SENATE AMENDED
PRIOR PRINTER'S NOS. 549, 1021
PRINTER'S NO. 1822
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
523
Session of
2021
INTRODUCED BY DAY, R. BROWN, T. DAVIS, HELM, MOUL, NEILSON,
POLINCHOCK AND ROWE, FEBRUARY 24, 2021
SENATOR DUSH, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
JUNE 15, 2021
AN ACT
Amending the act of June 13, 1836 (P.L.551, No.169), entitled
"An act relating to roads, highways and bridges," further
providing for repair of private roads and providing for
definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 15 of the act of June 13, 1836 (P.L.551,
No.169), referred to as the General Road Law, is amended to
read:
Section 15. Repair of private roads
(a) [All private roads] A PRIVATE ROAD shall be opened,
fenced and kept in repair by and at the expense of the [person
or persons respectively] PROPERTY OWNER at whose request the
[same were] PRIVATE ROAD WAS granted and laid out, and by
[their] THE PROPERTY OWNER'S heirs and assigns.
(b) When more than one person enjoys a common benefit from a
private road, each person shall contribute in proportion to the
amount of private road utilized to the cost of maintaining the
<--
<--
<--
<--<--
<--
<--<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
private road at the current level of improvement and shall have
the right to bring a civil action to enforce the requirement of
this section.
(c) A person shall be exempt from contributing to the cost
of maintaining the private road under subsection (b) if the
person does not utilize the private road for primary access to
the person's property.
(d) This section shall not apply to private roads with a
written agreement , to private roads established by the
Commonwealth or by a municipality entitled to the exception
provided under 26 Pa.C.S. § 204(b)(9) (relating to eminent
domain for private business prohibited) or to private roads
within a common interest ownership community under 68 Pa.C.S.
(relating to real and personal property).
(B) EACH PROPERTY OWNER THAT SHARES A COMMON BENEFIT FROM A
PRIVATE ROAD SHALL CONTRIBUTE IN PROPORTION TO THE AMOUNT OF THE
PRIVATE ROAD UTILIZED TO THE COST OF MAINTAINING THE PRIVATE
ROAD AT THE CURRENT LEVEL OF IMPROVEMENT AND SHALL HAVE THE
RIGHT TO BRING A CIVIL ACTION TO ENFORCE THE REQUIREMENT OF THIS
SECTION.
(C) THIS SECTION SHALL NOT APPLY TO A PRIVATE ROAD SUBJECT
TO A WRITTEN MAINTENANCE AGREEMENT, A PRIVATE ROAD ESTABLISHED
BY THE COMMONWEALTH OR BY A MUNICIPALITY ENTITLED TO THE
EXCEPTION PROVIDED UNDER 26 PA.C.S. § 204(B)(9) (RELATING TO
EMINENT DOMAIN FOR PRIVATE BUSINESS PROHIBITED) OR TO A PRIVATE
ROAD WITHIN A COMMON INTEREST OWNERSHIP COMMUNITY UNDER 68
PA.C.S. (RELATING TO REAL AND PERSONAL PROPERTY).
Section 2. The act is amended by adding a section to read:
Section 80. Definitions
The following words and phrases when used in this act shall
20210HB0523PN1822 - 2 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
have the meanings given to them in this section unless the
context clearly indicates otherwise:
The term "municipality" shall mean a county, city, borough,
incorporated town or township.
Section 3. This act shall take effect in 60 days.
20210HB0523PN1822 - 3 -
1
2
3
4
5