Legal Question in Construction Law in Pennsylvania

residents upset about being forced to pay for full costs of water project

I would like to know the following: My township is installing city sewers.We did not agree to the installation but are being charged (along with 53 homes)for the costs, divided equally between homes,of the entire job.The piping is going into municipal owned streets. Question:Can we be forced to pay to install pipes into streets that we do not own? If so,are we then responsible for maintenance of this portion of the street? We are being charged equally the same price for the work regardless of the width of the property and the amount of pipe it will take. We are being told that we have no say in the cost of the project and we will have to pay within 90 days or we will have a lein assessed against our properties with interest accruing if not paid then. In addition to the installation price, we are being charged for pumps, license, tie in fees and we also must hire our own plumbing vendors to drain and back fill our septic systems, and also pay the cost of the tie in work of the plumbing contractor. Everyone is angry that we are not given a cost but we are threatend to be leined. There is no financial assistance offered. The estimated cost is $15,000 +/-.Is this legal? Please advise. Can we force the twp to pay for this project?


Asked on 9/01/05, 8:49 pm

1 Answer from Attorneys

J. Bryan Tuk Mandracchia & Modesti, LLC

Re: residents upset about being forced to pay for full costs of water project

Generally, residents of a municipality are not responsible for the maintenance of streets if those streets have been dedicated to the municipality.

Your best recourse is to work through the media to raise awareness. Generally, municipalities have forced their residents to pay for public improvements such as the one you've described.

There may be a legal argument out there that helps you, but I need more information first to help determine the answer. Please call me at 610 584 0700.

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Answered on 9/02/05, 11:49 am


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