Pennsylvania Code
Title 7 - AGRICULTURE
Part V-C - Farmland and Forest Land
Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM
PROCEDURE FOR INSPECTING AND ENFORCING AN EASEMENT
Section 138e.206 - Enforcement actions
Current through Register Vol. 54, No. 12, March 23, 2024
(a) Sixty days after the mailing of a notice of violation under § 138e.205 (relating to notification to owner), the county board shall commence and pros-ecute an action in the court of common pleas of the county in which the restricted land is located seeking an order requiring correction of the violation, enjoining further violation of the terms of the easement, and other appropriate relief, unless the county board does one of the following:
(b) The county board shall commence and prosecute the enforcement action described in subsection (a) if the violation is not corrected within the time established under subsection (a)(2)(ii).
(c) The owner of the restricted land shall bear the costs associated with the correction of a violation of the easement, including:
(d) If the county board fails to institute and prosecute a timely enforcement action, the State Board may institute the action and recover costs incurred, including reasonable attorneys' fees, from the county board or the owner of the restricted land, or both.
This section cited in 7 Pa. Code § 138e.21 (relating to inspection and enforcement of an easement).