act-1913-0-284•Pennsylvania Act 1913-284 — FOREST RESERVES, CLASSIFICATION
Pennsylvania Act 1913-284 — FOREST RESERVES, CLASSIFICATION
act-1913-0-2841913 Pa. Act 284Law
Act text
FOREST RESERVES, CLASSIFICATION
Act of Jun. 5, 1913, P.L. 426, No. 284 Cl. 32
AN ACT
To classify certain surface lands as auxiliary forest reserves;
to prescribe the terms and conditions for their continuance
in said classification, or their withdrawal therefrom; and to
provide for the expenses attendant thereon.
Compiler's Note: Section 302(h) of Act 18 of 1995, which
created the Department of Conservation and Natural
Resources and renamed the Department of Environmental
Resources as the Department of Environmental Protection,
provided that the Department of Conservation and Natural
Resources shall exercise the powers and duties conferred
upon the State Forestry Reservation Commission by Act 284
of 1913.
Section 1. Be it enacted, &c., That in order to encourage
the growing of such trees, now existing or hereafter produced,
as will at the proper age be suitable for merchantable forest
products, whether such be of natural reproduction or from seed
sown, or trees planted out, or all combined, all surface land
which may be set apart according to the provisions of this act,
and exclusively used for growing such trees, is hereby
constituted a separate and distinct class of land, to be known
as auxiliary forest reserves.
Section 2. When any owner of surface land desires to have
such land placed in the class established by section one of this
act, such owner shall notify the State Forestry Reservation
Commission of his desire in manner and form to be prescribed by
said commission. Said notice shall contain a description of the
land, its location, boundary, area, and character, and shall
state as far as practicable the species, character, and
condition of the trees growing thereon, and whether they are of
natural reproduction or are from seed sown for the purpose, or
have been set out on said land, or all combined, and such other
information as the commission may require. If, upon receipt and
consideration of this notice, the commission shall, in its
discretion, deem the conditions such as to warrant action on its
part to determine whether such land should rightfully be placed
in the class established by section one of this act, it shall
cause the same to be examined by some person learned in the
practice and principles of forestry, and a report made thereon,
and if, upon receipt and consideration of such report, it
decides that such land should be placed in the class established
by section one of this act, it shall so declare and certify to
the commissioners of the county in which said land is located.
Section 3. Upon receipt by the county commissioners of such
certificate of the commission it shall be their duty at once to
place said surface land in the class established by section one
of this act, and keep the same therein until the trees growing
thereon shall, in the judgment of the commission, become
sufficiently large and suitable for merchantable forest
products, or the land be devoted to other purposes: Provided,
however, That the certificate of the commission shall not become
operative to place said surface land in the class established by
section one of this act until the owner of said surface land has
agreed, in writing, with the commission, to care for the trees
growing thereon, according to the instructions and directions of
the commission, up to such time as such trees become suitable
for merchantable forest products; and if any such owner at any
time fails to care for the trees growing on said land as agreed
with the commission, and due proof thereof is made, the
commission may remove said surface land from the class
established by section one of this act. In case of such removal,
either through failure of the owner to care for the trees or on
his expressed desire for removal before the trees shall have
been cut at maturity and tax paid thereon, the county
commissioners shall, on notice from the commission, proceed to
recover from said owner, for the use of the county and township,
by an appropriate action at law if necessary, the difference in
the amount of tax which would have been paid by the said owner
at the rates established for the years for which recovery is
sought and the rate provided for auxiliary forest reserves, with
costs of suit, to be recoverable from the time when such land
was placed in the class of auxiliary forest reserves. And the
commission shall remove said surface land from the class
established by section one of this act at any time that the then
owner shall, in writing, notify the commission that he desires
such removal. The commission may, in its discretion, at the time
said surface land is placed in the class established by section
one of this act, require the owner to file with the commission
his or its bond, of such kind and amount as the commission shall
deem reasonable and sufficient to secure the obligations of such
owner under this act.
Section 4. Whenever trees growing on said surface land have
become suitable for merchantable forest products, the commission
shall, at the request of the owner or on its own motion, make an
examination of said land, and designate for the owner the kind
and number of trees most suitable to be cut, if, in the judgment
of the commission, there be any, and the cutting and removal of
said trees so designated shall be in accordance with the
instructions of the commission.
Section 5. If the owner of said surface land faithfully
carries out the instructions of the commission with regard to
the removal and marketing of such mature or other trees, as may
be designated in the instructions of the said commission, and
shall immediately replant other trees of valuable species, or so
protect the young growth that the said land may immediately
become covered with young forest growth, and does so with the
approval of the commission, then such surface land shall remain
in the said class, established by section one of this act;
otherwise, the commission shall notify the county commissioners
that the said land is not being maintained in accordance with
the written agreement of the owner and the instructions of the
commission, in which event the county commissioners shall
immediately remove said land from the class established by
section one of this act. All expenses attendant upon the
examination of the said surface land by the commission shall be
paid for out of the moneys appropriated for the maintenance of
the Department of Forestry, in like manner as other expenses for
maintenance of said department are now paid.
Section 6. The owner of the said auxiliary forest reserves
shall, at all times, have the right to remove therefrom trees,
or portions of trees, which may be killed by fire, thrown or
broken by the wind, or injured by other natural causes; and
shall, under the direction of the commission, be privileged to
make necessary thinnings or removal of undesirable species of
trees, in order to improve the condition of the remaining trees;
and, under the same direction, may be privileged to remove
therefrom such timber, from time to time, as may be necessary
and essential for use upon the neighboring cleared lands of the
said owner, for general farm purposes.
Section 7. Any tract of land while remaining in the class of
auxiliary forest reserves as above provided, may, nevertheless,
be sold or incumbered by or through the owner thereof, but no
sale or incumbrance, whether voluntary by the owner or
involuntary under any statutory or judicial proceeding
whatsoever, whether of any State or of the United States, shall
effect a discharge of any obligation imposed under this act, and
said land shall be removed from said class only in accordance
with the provisions hereof.
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