The following shall apply with regard to the return of payments made on an unlawful assessment:
(1) If, after a timely appeal, a court makes a final determination that a property was unlawfully assessed or that the amount assessed exceeded, to a substantial amount, the benefits received by the property assessed from the public improvement, a city that received money in payment of the assessment shall repay the money in an amount as ordered by the court.
(2) Within two years of receiving payment of an assessment, the city may repay the money voluntarily if the city determines that the assessment was made erroneously.
(3) Repayments to property owners pursuant to paragraph (1) or (2) shall include interest from the date of payment of the unlawful or erroneous assessment at the rate of interest that is provided for in 53 Pa.C.S. § 8426 (relating to interest on overpayment).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 145A - Assessments for Public Improvements
Section 145A01 - Authority to assess
Section 145A02 - Method of assessment
Section 145A03 - Notice of assessment
Section 145A04 - Appeals to court
Section 145A05 - Benefits and damages
Section 145A06 - Return by city of assessments paid on property unlawfully assessed