36 Pa. Stat. § 2711

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 2711 - Joint improvement of highways; assessments; validation

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 in 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 drainage: 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.

36 P.S. § 2711

1929, April 29, P.L. 852, § 1.