53 Pa. Stat. § 1241

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 1241 - Agricultural and cemetery land defined; certification of land use; when exempt from sewer and water assessments; certification by landowner; change of land use

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.

53 P.S. § 1241

1976, May 28, P.L. 148, No. 71, § 1, effective in 6 months. Amended 1979, Nov. 20, P.L. 473, No. 98, § 1, imd. effective.