Subchapter D. REMOVING LAND FROM AN EXISTING ASA
Sec.
138l.41. Removing land that has been in an ASA for 7 years or more.
138l.42. Removing land in the course of the 7-year review or an interim review.§ 138l.41. Removing land that has been in an ASA for 7 years or more.
(a) Removal permitted. If land has been in an ASA for 7 years or more, it may be removed from the ASA at the landowner’s discretion, if both of the following apply:
(1) The landowner submits to the governing body of the local government unit in which the ASA is situated a written notification to have the land deleted from the ASA. The written notification shall contain information sufficient to identify the land to be removed, and shall include the acreage of the land to be removed.
(2) The written notification is submitted by certified mail, with return receipt requested.
(b) Limitation on authority. The governing body does not have the authority to deny a landowner’s notification to remove land from an ASA.
(c) Effective date of removal. The removal of land from an ASA shall take effect upon receipt of this written notification by the governing body in accordance with subsection (a)(2).
(d) Recording the removal of land from an ASA. The governing body shall record the description of an ASA from which land has been removed within 10 days of the effective date of the removal. This recording shall be in accordance with § 138l.22 (relating to filing an ASA description by governing body; recording of the ASA description).
(e) Failure of remaining land to meet ASA eligibility requirements. If the removal of land from an ASA in response to a landowner’s written notification causes the remaining lands of the ASA to fail to meet the minimum standards for an ASA, as set forth in § 138l.12 (relating to eligibility to propose the creation of an ASA), the ASA shall terminate. The governing body shall be responsible to record this termination with the offices or entities described in § 138l.22(a)(1)—(3).
§ 138l.42. Removing land in the course of the 7-year review or an interim review.
(a) Removal permitted. The landowner shall have the discretion to remove the land from the ASA in which it is located, if this removal is done in the course of the 7-year review process described in § 138l.51 (relating to 7-year review), or the interim review process described in § 138l.52 (relating to interim review), and the following apply:
(1) The landowner submits to the governing body of the local government unit in which the ASA is situated a written notification to have the land deleted from the ASA. The written notification shall contain information sufficient to identify the land to be removed, and shall include the acreage of the land to be removed.
(2) The written notification is submitted by certified mail, with return receipt requested.
(b) Limitation on authority. The governing body does not have the authority to deny a landowner’s notification to remove land from an ASA.
(c) Effective date of removal. The removal of land from an ASA shall take effect upon receipt of this written notification by the governing body in accordance with subsection (a)(2).
(d) Recording the removal of land from an ASA. The governing body shall record the description of an ASA from which land has been removed within 10 days of the effective date of the removal. This recording shall be in accordance with § 138l.22 (relating to filing an ASA description by governing body; recording of the ASA description).
(e) Failure of remaining land to meet ASA eligibility requirements. If the removal of land from an ASA in response to a landowner’s written notification causes the remaining lands of the ASA to fail to meet the minimum standards for an ASA, as set forth in § 138l.12 (relating to eligibility to propose the creation of an ASA), the ASA shall terminate. The governing body shall be responsible to record this termination with the offices or entities described in § 138l.22(a)(1)—(3) (relating to filing of ASA description by governing body; recording of the ASA description).
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