East Hopewell Township Solicitor Bill Poole addressed this issue at the township meeting last evening.

As mentioned by our township solicitor he isn’t exactly sure what the fine is for this violation but the information can be obtained by referencing the Crime Codes Book. He guesstimated $200 plus costs for a summary offense, $300 plus costs and jail for the misdemeanor. Guesstimate of jail time is up to the Judge if the Judge chooses to sentence the offender to jail. In my opinion, it wouldn’t be for any great length of time, i.e. 30 days.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

MEMORANDUM

TO: East Hopewell Township Board of Supervisors
Fawn Township Board of Supervisors
Hopewell Township Board of Supervisors
North Codorus Township Board of Supervisors
East Manchester Township Board of Supervisors
Springfield Township Board of Supervisors
Winterstown Borough Council

FROM: Miller, Poole & Lord, LLP

DATE: September 19, 2006

RE: Boundary Markers

=================================

On July 7, 2006, the Governor signed into law Act 72 of 2006 9HB 496), which makes it a crime to damage, destroy, deface or remove any survey monument or marker (other than a natural object such as a tree or stream). It is a summary offense, unless it is done to call into question a boundary line, in which case it is a second degree misdemeanor. In addition to the criminal penalties (fines and possibly imprisonment), if convicted, the offender must pay for a professional surveyor to replace the monuments or markers, as well as attorney fees. It is a defense that the monument or marker was improperly placed by a professional land surveyor (licensed under the Engineer, Land Surveyor and Geologist Registration Law, Act 913 of 1945). A survey monument or marker does not include a wooden stake placed by a professional land surveyor as a tempory marker.

The statue of limitations within which an action against a professional land surveyor can be brought was reduced from 21 to 12 years after the services are performed.

The act was effective in 60 days, or September 5, 2006.

This may be helpful in addressing the inceasing number of boundary disputes when an issue is whether or not a marker has been removed.

A word of caution: This act amends the Crimes Code, so the charges that can only be filed by the police, and not by municipal officials (unless they receive permission from the District Attorney to file a private criminal complaint for a summary offense).