SENATE AMENDED
PRIOR PRINTER'S NOS. 2831, 3033 PRINTER'S NO. 3333
No. 2054 Session of 2005
INTRODUCED BY GRELL, GABIG, CREIGHTON, METCALFE, BALDWIN,
BENNINGHOFF, BOYD, BUXTON, CALTAGIRONE, CLYMER, CRAHALLA,
DENLINGER, FEESE, FICHTER, GEIST, GODSHALL, GOOD, GOODMAN,
HARRIS, HASAY, HERMAN, HERSHEY, HESS, KAUFFMAN, M. KELLER,
KILLION, MACKERETH, MARKOSEK, McILHATTAN, R. MILLER, MUNDY,
NICKOL, O'NEILL, PHILLIPS, PICKETT, PISTELLA, PYLE, REED,
SCHRODER, B. SMITH, S. H. SMITH, SONNEY, STERN, R. STEVENSON,
T. STEVENSON, SURRA, TANGRETTI, E. Z. TAYLOR, TIGUE, TRUE,
TURZAI, DALLY, MAJOR, THOMAS, GINGRICH, SEMMEL, MUSTIO,
PAYNE, ROSS, BUNT, CAPPELLI, QUIGLEY, BASTIAN, STEIL, ELLIS,
RAPP, CAUSER, NAILOR, HENNESSEY, YOUNGBLOOD, FREEMAN,
ROBERTS, PETRARCA, BIRMELIN, MARSICO, HUTCHINSON, BARRAR AND
SIPTROTH, OCTOBER 17, 2005
SENATOR LEMMOND, STATE GOVERNMENT, IN SENATE, REPORTED AS
AMENDED, DECEMBER 15, 2005
AN ACT
1 Amending Title 26 (Eminent Domain) of the Pennsylvania
2 Consolidated Statutes, providing for limitations on the use
3 of eminent domain; and making a related repeal.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 26 of the Pennsylvania Consolidated <--
7 Statutes is amended by adding a chapter to read:
8 CHAPTER 2
9 LIMITATIONS ON USE OF EMINENT DOMAIN
10 Sec.
11 201. Short title of chapter.
12 202. Definitions.
1 203. Applicability.
2 204. Eminent domain for private business prohibited.
3 205. Eminent domain in redevelopment areas.
4 § 201. Short title of chapter.
5 This chapter shall be known and may be cited as the Property
6 Rights Protection Act.
7 § 202. Definitions.
8 The following words and phrases when used in this chapter
9 shall have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Commonwealth agency." As defined in 2 Pa.C.S. § 101
12 (relating to definitions).
13 "Condemnee." A person that owns property subject to the
14 exercise of the power of eminent domain by a condemnor.
15 "Condemnor." Any of the following which is authorized by law
16 to exercise the power of eminent domain:
17 (1) The Commonwealth, a Commonwealth agency or an
18 instrumentality or authority of the Commonwealth.
19 (2) A political subdivision, an agency of a political
20 subdivision or an instrumentality or authority of a political
21 subdivision.
22 (3) A public utility as defined in 66 Pa.C.S. § 102
23 (relating to definitions).
24 (4) A private entity.
25 "Eminent domain." The power of the Commonwealth to take
26 private property for public use in return for reasonable
27 compensation.
28 "Redevelopment area." As defined in section 3(n) of the act
29 of May 24, 1945 (P.L.991, No.385), known as the Urban
30 Redevelopment Law.
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1 § 203. Applicability.
2 (a) Authority.--Except as set forth in subsection (b), the
3 limitations and protections set forth in this chapter apply to
4 the exercise of eminent domain by a condemnor.
5 (b) Exception.--This chapter does not affect any of the
6 following:
7 (1) The jurisdiction or power of the Pennsylvania Public
8 Utility Commission.
9 (2) Any statute providing for the assessment of benefits
10 for public improvement on the properties benefited.
11 § 204. Eminent domain for private business prohibited.
12 (a) Prohibition.--Except as set forth in subsection (b), the
13 exercise by any condemnor of the power of eminent domain to take
14 private property in order to use it for private commercial
15 enterprise is prohibited. The term "private commercial
16 enterprise" shall not include a hospital or medical center that
17 is operated not for profit.
18 (b) Exception.--Subsection (a) does not apply if any of the
19 following apply:
20 (1) The condemnee consents to the use of the property
21 for private commercial enterprise.
22 (2) The property taken is transferred or leased to any
23 of the following:
24 (i) A common carrier as defined in 66 Pa.C.S. § 102
25 (relating to definitions).
26 (ii) A private entity that occupies an incidental
27 area within a public project, such as a retail
28 establishment on the ground floor of a public building.
29 (3) There is, on or associated with the property taken,
30 a threat to public health or safety. This paragraph includes
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1 the following:
2 (i) Removal of a public nuisance.
3 (ii) Removal of a structure which is:
4 (A) beyond repair; or
5 (B) unfit for human habitation or use.
6 (4) The property taken is abandoned.
7 (5) The property taken meets the requirements of section
8 205 (relating to eminent domain in redevelopment areas).
9 § 205. Eminent domain in redevelopment areas.
10 (a) Scope.--This section applies notwithstanding the act of
11 May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment
12 Law.
13 (b) Single property.--For purposes of acquiring a single
14 unit of property by eminent domain, a condemnor is authorized or
15 permitted to declare an area, either within or outside of a
16 redevelopment area, to be blighted only if the property is any
17 of the following:
18 (1) A premises which, because of physical condition or
19 use, is regarded as a public nuisance at common law or has
20 been declared a public nuisance in accordance with the
21 municipality housing, building, plumbing, fire or related
22 codes.
23 (2) A premises which, because of physical condition, use
24 or occupancy, is considered an attractive nuisance to
25 children. This paragraph includes an abandoned:
26 (i) well;
27 (ii) shaft;
28 (iii) basement;
29 (iv) excavation; or
30 (v) unsafe fence or structure.
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1 (3) A dwelling which, because it is dilapidated,
2 unsanitary, unsafe, vermin-infested or lacking in the
3 facilities and equipment required by statute or an applicable
4 municipal code, has been designated by the agency responsible
5 for enforcement of the statute or code as unfit for human
6 habitation.
7 (4) A structure which is a fire hazard or is otherwise
8 dangerous to the safety of persons or property.
9 (5) A structure from which the utilities, plumbing,
10 heating, sewerage or other facilities have been disconnected,
11 destroyed, removed or rendered ineffective so that the
12 property is unfit for its intended use.
13 (6) Any vacant or unimproved lot or parcel of ground in
14 a predominantly built-up neighborhood which, by reason of
15 neglect or lack of maintenance, has become a place for
16 accumulation of trash and debris or a haven for rodents or
17 other vermin.
18 (7) An unoccupied property which has been tax delinquent
19 for a period of two years.
20 (8) A property which is vacant but not tax delinquent
21 and which has not been rehabilitated within one year of the
22 receipt of notice to rehabilitate from the appropriate
23 enforcement agency.
24 (9) An abandoned property. A property shall be
25 considered abandoned under this paragraph if it:
26 (i) is a vacant or unimproved lot or parcel of
27 ground on which a municipal lien for the cost of
28 demolition of a structure located on the property remains
29 unpaid for a period of six months;
30 (ii) is a vacant property or vacant or unimproved
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1 lot or parcel of ground on which the total of municipal
2 liens on the property for tax or other type of claim of
3 the municipality is in excess of 150% of the fair market
4 value of the property as established by the Board of
5 Revisions of Taxes or other body with legal authority to
6 determine the taxable value of the property; or
7 (iii) has been declared abandoned by the owner,
8 including an estate that is in possession of the
9 property.
10 (c) Multiple properties.--For purposes of acquiring multiple
11 units of property by eminent domain, a condemnor is authorized
12 or permitted to declare an area, either within or outside of a
13 redevelopment area, to be blighted only if a majority of the
14 units of property:
15 (1) meet any of the requirements under subsection (b)(1)
16 through (9); and
17 (2) represent a majority of the geographical area.
18 (d) Redesignation.--If a condemnor seeks to add or enlarge a
19 blighted area, it must find that the area meets the requirements
20 of subsection (b) or (c) at the time of the addition or
21 enlargement.
22 (e) Expiration.--The declaration of a blighted area shall
23 expire after ten years.
24 Section 2. Repeals are as follows:
25 (1) The General Assembly declares that the repeal under
26 paragraph (2) is necessary to effectuate the addition of 26
27 Pa.C.S. § 205.
28 (2) As much of section 2 of the act of May 24, 1945
29 (P.L.991, No.385), known as the Urban Redevelopment Law, as
30 relates to condemnation of blighted areas, is repealed.
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1 (3) All other acts and parts of acts are repealed
2 insofar as they are inconsistent with this act.
3 Section 3. This act shall apply to the exercise of the power
4 of eminent domain on or after the effective date of this
5 section.
6 Section 4. This act shall take effect in 60 days.
7 SECTION 1. TITLE 26 OF THE PENNSYLVANIA CONSOLIDATED <--
8 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
9 CHAPTER 2
10 LIMITATIONS ON USE OF EMINENT DOMAIN
11 SEC.
12 201. SHORT TITLE OF CHAPTER.
13 202. DEFINITIONS.
14 203. APPLICABILITY.
15 204. EMINENT DOMAIN FOR PRIVATE BUSINESS PROHIBITED.
16 205. BLIGHT.
17 206. EXTRATERRITORIAL TAKINGS.
18 207. EMINENT DOMAIN OF AGRICULTURAL PROPERTY.
19 § 201. SHORT TITLE OF CHAPTER.
20 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE PROPERTY
21 RIGHTS PROTECTION ACT.
22 § 202. DEFINITIONS.
23 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
24 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
25 CONTEXT CLEARLY INDICATES OTHERWISE:
26 "AGRICULTURAL COMMODITY." AS DEFINED UNDER SECTION 2 OF THE
27 ACT OF JUNE 10, 1982 (P.L.454, NO.133), REFERRED TO AS THE
28 RIGHT-TO-FARM LAW.
29 "AGRICULTURAL OPERATION." A PERSON ENGAGED COMMERCIALLY IN
30 THE PRODUCTION OF AN AGRICULTURAL COMMODITY THAT HAS AN
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1 ANTICIPATED YEARLY GROSS INCOME OF AT LEAST $2,000.
2 "AGRICULTURAL PROPERTY." PROPERTY THAT IS OWNED OR OPERATED
3 BY AN AGRICULTURAL OPERATION IN THE COURSE OF THE OPERATION'S
4 PRODUCTION, HARVESTING OR PREPARATION FOR MARKET OF AN
5 AGRICULTURAL COMMODITY. THE TERM ALSO INCLUDES ANY RESIDENTIAL
6 DWELLING OR WOODLOT SITUATED ON THE PROPERTY.
7 "COMMONWEALTH AGENCY." AS DEFINED IN 2 PA.C.S. § 101
8 (RELATING TO DEFINITIONS).
9 "CONDEMNEE." A PERSON THAT OWNS PROPERTY SUBJECT TO THE
10 EXERCISE OF THE POWER OF EMINENT DOMAIN BY A CONDEMNOR.
11 "CONDEMNOR." ANY OF THE FOLLOWING WHICH IS AUTHORIZED BY LAW
12 TO EXERCISE THE POWER OF EMINENT DOMAIN:
13 (1) THE COMMONWEALTH, A COMMONWEALTH AGENCY OR AN
14 INSTRUMENTALITY OR AUTHORITY OF THE COMMONWEALTH.
15 (2) A POLITICAL SUBDIVISION, AN AGENCY OF A POLITICAL
16 SUBDIVISION OR AN INSTRUMENTALITY OR AUTHORITY OF A POLITICAL
17 SUBDIVISION.
18 (3) A PUBLIC UTILITY AS DEFINED IN 66 PA.C.S. § 102
19 (RELATING TO DEFINITIONS).
20 (4) A PRIVATE ENTITY.
21 (5) AN ELECTRICAL COOPERATIVE CORPORATION UNDER 15
22 PA.C.S. CH. 73 (RELATING TO ELECTRIC COOPERATIVE
23 CORPORATIONS).
24 "EMINENT DOMAIN." THE POWER OF THE COMMONWEALTH TO TAKE
25 PRIVATE PROPERTY FOR PUBLIC USE IN RETURN FOR JUST COMPENSATION.
26 "PRIVATE ENTERPRISE." A FOR-PROFIT OR NOT-FOR-PROFIT ENTITY
27 OR ORGANIZATION. THIS TERM DOES NOT INCLUDE ANY ENTITY OR
28 ORGANIZATION THAT MEETS THE DEFINITION OF AN INSTITUTION OF
29 PURELY PUBLIC CHARITY PURSUANT TO THE ACT OF NOVEMBER 26, 1997
30 (P.L.508, NO.55), KNOWN AS THE INSTITUTIONS OF PURELY PUBLIC
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1 CHARITY ACT.
2 "REDEVELOPMENT AREA." AS DEFINED IN SECTION 3(N) OF THE ACT
3 OF MAY 24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN
4 REDEVELOPMENT LAW.
5 "UNIT OF PROPERTY." A PARCEL OF REAL ESTATE OR CONDOMINIUM
6 UNIT, INCLUDING ANY INTEREST IN COMMON ELEMENTS WITH
7 IMPROVEMENTS THEREON, IF ANY, THAT IS IDENTIFIED BY A LEGAL
8 DESCRIPTION IN A RECORDED DEED OR A TAX IDENTIFICATION NUMBER.
9 § 203. APPLICABILITY.
10 (A) AUTHORITY.--EXCEPT AS SET FORTH IN SUBSECTION (B), THE
11 LIMITATIONS AND PROTECTIONS SET FORTH IN THIS CHAPTER APPLY TO
12 THE EXERCISE OF EMINENT DOMAIN BY A CONDEMNOR.
13 (B) EXCEPTION.--THIS CHAPTER DOES NOT AFFECT ANY OF THE
14 FOLLOWING:
15 (1) THE JURISDICTION OR POWER OF THE PENNSYLVANIA PUBLIC
16 UTILITY COMMISSION.
17 (2) ANY STATUTE PROVIDING FOR THE ASSESSMENT OF BENEFITS
18 FOR PUBLIC IMPROVEMENT ON THE PROPERTIES BENEFITED.
19 (3) THE JURISDICTION OR POWER OF THE PHILADELPHIA
20 REGIONAL PORT AUTHORITY TO EXERCISE EMINENT DOMAIN WITHIN A
21 DESIGNATED PORT ZONE FOR A PORT FACILITY AS DEFINED IN THE
22 ACT OF JULY 10, 1989 (P.L.291, NO.50), KNOWN AS THE
23 PHILADELPHIA REGIONAL PORT AUTHORITY ACT.
24 (4) THE EXERCISE OF EMINENT DOMAIN WITHIN A CITY OF THE
25 FIRST OR SECOND CLASS IN AREAS THAT WERE CERTIFIED, ON OR
26 BEFORE THE EFFECTIVE DATE OF THIS CHAPTER, AS BLIGHTED UNDER
27 SECTION 2 OF THE ACT OF MAY 24, 1945 (P.L.991, NO.385), KNOWN
28 AS THE URBAN REDEVELOPMENT LAW. THIS PARAGRAPH SHALL EXPIRE
29 DECEMBER 31, 2012.
30 (5) THE EXERCISE OF EMINENT DOMAIN BY A HOME RULE COUNTY
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1 OF THE SECOND CLASS A, OR A MUNICIPALITY LOCATED THEREIN, IN
2 AREAS THAT WERE CERTIFIED, ON OR BEFORE THE EFFECTIVE DATE OF
3 THIS CHAPTER, AS BLIGHTED UNDER SECTION 2 OF THE URBAN
4 REDEVELOPMENT LAW. THIS PARAGRAPH SHALL EXPIRE DECEMBER 31,
5 2012.
6 (C) CONSTRUCTION.--NOTHING IN THIS CHAPTER SHALL BE DEEMED
7 TO EXPAND OR ENLARGE THE POWER OF A CONDEMNOR TO UTILIZE EMINENT
8 DOMAIN.
9 § 204. EMINENT DOMAIN FOR PRIVATE BUSINESS PROHIBITED.
10 (A) PROHIBITION.--EXCEPT AS SET FORTH IN SUBSECTION (B), THE
11 EXERCISE BY ANY CONDEMNOR OF THE POWER OF EMINENT DOMAIN TO TAKE
12 PRIVATE PROPERTY IN ORDER TO USE IT FOR PRIVATE ENTERPRISE IS
13 PROHIBITED.
14 (B) EXCEPTION.--SUBSECTION (A) DOES NOT APPLY IF ANY OF THE
15 FOLLOWING APPLY:
16 (1) (I) THE CONDEMNEE CONSENTS TO THE USE OF THE
17 PROPERTY FOR PRIVATE ENTERPRISE; OR
18 (II) THE CONDEMNEE DOES NOT FILE OR DOES NOT PREVAIL
19 ON PRELIMINARY OBJECTION FILED TO A DECLARATION OF TAKING
20 FOR THE ACQUISITION OF CONDEMNEE'S PROPERTY.
21 (2) THE PROPERTY IS TAKEN BY, TO THE EXTENT THE PARTY
22 HAS THE POWER OF EMINENT DOMAIN, TRANSFERRED OR LEASED TO ANY
23 OF THE FOLLOWING:
24 (I) A COMMON CARRIER, PUBLIC UTILITY OR RAILROAD AS
25 DEFINED IN 66 PA.C.S. § 102 (RELATING TO DEFINITIONS).
26 (II) A PRIVATE ENTITY THAT OCCUPIES AN INCIDENTAL
27 AREA WITHIN A PUBLIC PROJECT, SUCH AS RETAIL SPACE,
28 OFFICE SPACE, RESTAURANT AND FOOD SERVICE FACILITY OR
29 SIMILAR PRIVATE ENTITY.
30 (3) THERE IS, ON OR ASSOCIATED WITH THE PROPERTY TAKEN,
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1 A THREAT TO PUBLIC HEALTH OR SAFETY. THIS PARAGRAPH INCLUDES
2 THE FOLLOWING:
3 (I) REMOVAL OF A PUBLIC NUISANCE.
4 (II) REMOVAL OF A STRUCTURE WHICH IS:
5 (A) BEYOND REPAIR; OR
6 (B) UNFIT FOR HUMAN HABITATION OR USE.
7 (4) THE PROPERTY TAKEN IS ABANDONED.
8 (5) THE PROPERTY TAKEN MEETS THE REQUIREMENTS OF SECTION
9 205 (RELATING TO BLIGHT).
10 (6) THE PROPERTY TAKEN IS ACQUIRED BY A CONDEMNOR
11 PURSUANT TO SECTION 12.1 OF THE ACT OF MAY 24, 1945 (P.L.991,
12 NO.385), KNOWN AS THE URBAN REDEVELOPMENT LAW.
13 (7) THE PROPERTY TAKEN IS ACQUIRED FOR THE DEVELOPMENT
14 OF LOW-INCOME AND MIXED-INCOME HOUSING PROJECTS PURSUANT TO
15 THE ACT OF MAY 28, 1937 (P.L.955, NO.265), KNOWN AS THE
16 HOUSING AUTHORITIES LAW, OR TO BE DEVELOPED USING FINANCIAL
17 INCENTIVES AVAILABLE FOR THE DEVELOPMENT OF LOW-INCOME AND
18 MIXED-INCOME HOUSING PROJECTS UNDER:
19 (I) SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986
20 (PUBLIC LAW 99-514, 26 U.S.C. § 42);
21 (II) THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
22 1974 (PUBLIC LAW 93-383, 88 STAT. 633);
23 (III) THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE
24 HOUSING ACT (PUBLIC LAW 101-625, 42 U.S.C. § 12701 ET
25 SEQ.);
26 (IV) 53 PA.C.S. CH. 60 (RELATING TO OPTIONAL
27 AFFORDABLE HOUSING FUNDING);
28 (V) THE BROWNFIELDS FOR HOUSING AND REDEVELOPMENT
29 ASSISTANCE PROGRAMS OF THE DEPARTMENT OF COMMUNITY AND
30 ECONOMIC DEVELOPMENT;
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1 (VI) THE HOMEOWNERSHIP CHOICE PROGRAM OF THE
2 PENNSYLVANIA HOUSING FINANCE AGENCY; AND
3 (VII) ANY SUCCESSOR PROGRAM TO A PROGRAM UNDER THIS
4 PARAGRAPH.
5 (8) THE PROPERTY TAKEN IS ACQUIRED PURSUANT TO THE ACT
6 OF JUNE 25, 1999 (P.L.179, NO.24), KNOWN AS THE ECONOMIC
7 DEVELOPMENT EMINENT DOMAIN LAW IN ORDER TO ALLOW FOR THE
8 REMOVAL OF BLIGHTED PROPERTIES WITHIN THE BORDERS OF A FORMER
9 MILITARY FACILITY LOCATED IN A COUNTY OF THE SECOND CLASS A.
10 (9) THE PROPERTY IS USED OR TO BE USED FOR ANY ROAD,
11 STREET, HIGHWAY, TRAFFICWAY OR FOR PROPERTY TO BE ACQUIRED TO
12 PROVIDE ACCESS TO A PUBLIC THOROUGHFARE FOR A PROPERTY WHICH
13 WOULD BE OTHERWISE INACCESSIBLE AS THE RESULT OF THE USE OF
14 EMINENT DOMAIN OR FOR INGRESS, EGRESS OR PARKING OF MOTOR
15 VEHICLES.
16 § 205. BLIGHT.
17 (A) SCOPE.--THIS SECTION APPLIES NOTWITHSTANDING THE ACT OF
18 MAY 24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT
19 LAW.
20 (B) SINGLE PROPERTY.--FOR PURPOSES OF ACQUIRING A SINGLE
21 UNIT OF PROPERTY BY EMINENT DOMAIN, A CONDEMNOR IS AUTHORIZED OR
22 PERMITTED TO DECLARE A PROPERTY, EITHER WITHIN OR OUTSIDE OF A
23 REDEVELOPMENT AREA, TO BE BLIGHTED ONLY IF THE PROPERTY IS ANY
24 OF THE FOLLOWING:
25 (1) A PREMISES WHICH, BECAUSE OF PHYSICAL CONDITION OR
26 USE, IS REGARDED AS A PUBLIC NUISANCE AT COMMON LAW OR HAS
27 BEEN DECLARED A PUBLIC NUISANCE IN ACCORDANCE WITH THE
28 MUNICIPALITY HOUSING, BUILDING, PLUMBING, FIRE OR RELATED
29 CODES.
30 (2) A PREMISES WHICH, BECAUSE OF PHYSICAL CONDITION, USE
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1 OR OCCUPANCY, IS CONSIDERED AN ATTRACTIVE NUISANCE TO
2 CHILDREN. THIS PARAGRAPH INCLUDES AN ABANDONED:
3 (I) WELL;
4 (II) SHAFT;
5 (III) BASEMENT;
6 (IV) EXCAVATION; OR
7 (V) UNSAFE FENCE OR STRUCTURE.
8 (3) A DWELLING WHICH, BECAUSE IT IS DILAPIDATED,
9 UNSANITARY, UNSAFE, VERMIN-INFESTED OR LACKING IN THE
10 FACILITIES AND EQUIPMENT REQUIRED BY STATUTE OR AN APPLICABLE
11 MUNICIPAL CODE, HAS BEEN DESIGNATED BY THE AGENCY RESPONSIBLE
12 FOR ENFORCEMENT OF THE STATUTE OR CODE AS UNFIT FOR HUMAN
13 HABITATION.
14 (4) A STRUCTURE WHICH IS A FIRE HAZARD OR IS OTHERWISE
15 DANGEROUS TO THE SAFETY OF PERSONS OR PROPERTY.
16 (5) A STRUCTURE FROM WHICH THE UTILITIES, PLUMBING,
17 HEATING, SEWERAGE OR OTHER FACILITIES HAVE BEEN DISCONNECTED,
18 DESTROYED, REMOVED OR RENDERED INEFFECTIVE SO THAT THE
19 PROPERTY IS UNFIT FOR ITS INTENDED USE.
20 (6) ANY VACANT OR UNIMPROVED LOT OR PARCEL OF GROUND IN
21 A PREDOMINANTLY BUILT-UP NEIGHBORHOOD WHICH, BY REASON OF
22 NEGLECT OR LACK OF MAINTENANCE, HAS BECOME A PLACE FOR
23 ACCUMULATION OF TRASH AND DEBRIS OR A HAVEN FOR RODENTS OR
24 OTHER VERMIN.
25 (7) AN UNOCCUPIED PROPERTY WHICH HAS BEEN TAX DELINQUENT
26 FOR A PERIOD OF TWO YEARS.
27 (8) A PROPERTY WHICH IS VACANT BUT NOT TAX DELINQUENT
28 AND WHICH HAS NOT BEEN REHABILITATED WITHIN ONE YEAR OF THE
29 RECEIPT OF NOTICE TO REHABILITATE FROM THE APPROPRIATE
30 ENFORCEMENT AGENCY.
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1 (9) AN ABANDONED PROPERTY. A PROPERTY SHALL BE
2 CONSIDERED ABANDONED UNDER THIS PARAGRAPH IF IT:
3 (I) IS A VACANT OR UNIMPROVED LOT OR PARCEL OF
4 GROUND ON WHICH A MUNICIPAL LIEN FOR THE COST OF
5 DEMOLITION OF A STRUCTURE LOCATED ON THE PROPERTY REMAINS
6 UNPAID FOR A PERIOD OF SIX MONTHS;
7 (II) IS A VACANT PROPERTY OR VACANT OR UNIMPROVED
8 LOT OR PARCEL OF GROUND ON WHICH THE TOTAL OF MUNICIPAL
9 LIENS ON THE PROPERTY FOR TAX OR OTHER TYPE OF CLAIM OF
10 THE MUNICIPALITY IS IN EXCESS OF 150% OF THE FAIR MARKET
11 VALUE OF THE PROPERTY AS ESTABLISHED BY THE BOARD OF
12 REVISIONS OF TAXES OR OTHER BODY WITH LEGAL AUTHORITY TO
13 DETERMINE THE TAXABLE VALUE OF THE PROPERTY; OR
14 (III) HAS BEEN DECLARED ABANDONED BY THE OWNER,
15 INCLUDING AN ESTATE THAT IS IN POSSESSION OF THE
16 PROPERTY.
17 (10) A PROPERTY WHICH HAS DEFECTIVE OR UNUSUAL
18 CONDITIONS OF TITLE OR NO KNOWN OWNERS RENDERING TITLE
19 UNMARKETABLE.
20 (11) A PROPERTY WHICH HAS ENVIRONMENTALLY HAZARDOUS
21 CONDITIONS, SOLID WASTE POLLUTION OR CONTAMINATION IN A
22 BUILDING OR ON THE LAND WHICH POSES A DIRECT AND IMMEDIATE
23 THREAT TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.
24 (12) A PROPERTY HAVING THREE OR MORE OF THE FOLLOWING
25 CHARACTERISTICS:
26 (I) HAS UNSAFE OR HAZARDOUS CONDITIONS THAT DO NOT
27 MEET CURRENT USE, OCCUPANCY OR FIRE CODES;
28 (II) HAS UNSAFE EXTERNAL AND INTERNAL ACCESSWAYS;
29 (III) IS BEING SERVED BY AN UNSAFE PUBLIC STREET OR
30 RIGHT-OF-WAY;
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1 (IV) VIOLATES THE APPLICABLE PROPERTY MAINTENANCE
2 CODE ADOPTED BY A MUNICIPALITY AND IS AN IMMEDIATE THREAT
3 TO PUBLIC HEALTH AND SAFETY;
4 (V) IS VACANT;
5 (VI) IS LOCATED IN A REDEVELOPMENT AREA WITH A
6 DENSITY OF AT LEAST 1,000 PEOPLE PER SQUARE MILE OR A
7 REDEVELOPMENT AREA WITH MORE THAN 90% OF THE UNITS OF
8 PROPERTY BEING NONRESIDENTIAL OR A MUNICIPALITY WITH A
9 DENSITY OF AT LEAST 2,500 PEOPLE PER SQUARE MILE.
10 (C) MULTIPLE PROPERTIES.--
11 (1) FOR PURPOSES OF ACQUIRING MULTIPLE UNITS OF PROPERTY
12 BY EMINENT DOMAIN, A CONDEMNOR IS AUTHORIZED OR PERMITTED TO
13 DECLARE AN AREA, EITHER WITHIN OR OUTSIDE OF A REDEVELOPMENT
14 AREA, TO BE BLIGHTED ONLY IF:
15 (I) A MAJORITY OF THE UNITS OF PROPERTY MEET ANY OF
16 THE REQUIREMENTS UNDER SUBSECTION (B) AND REPRESENT A
17 MAJORITY OF THE GEOGRAPHICAL AREA; OR
18 (II) PROPERTIES REPRESENTING A MAJORITY OF THE
19 GEOGRAPHICAL AREA MEET ONE OR MORE OF THE CONDITIONS SET
20 FORTH IN SUBSECTION (B)(1) THROUGH (11) OR SATISFY THE
21 CONDITIONS OF SUBSECTION (B)(12) THAT ARE NECESSARY FOR A
22 CONDEMNOR TO DECLARE THEM BLIGHTED UNDER SUBSECTION (B)
23 AND AT LEAST ONE-THIRD OF THE UNITS OF PROPERTY MEET TWO
24 OR MORE OF THE REQUIREMENTS UNDER SUBSECTION (B)(1)
25 THROUGH (11) OR SATISFY THE CONDITIONS OF SUBSECTION
26 (B)(12) AND ONE OR MORE OF THE REQUIREMENTS UNDER
27 SUBSECTION (B)(1) THROUGH (11).
28 (2) A CONDEMNOR MAY USE EMINENT DOMAIN TO ACQUIRE ANY
29 UNIT OF PROPERTY WITHIN A BLIGHTED AREA SO DECLARED PURSUANT
30 TO THIS SECTION.
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1 (3) PROPERTIES OWNED BY THE CONDEMNOR WITHIN SUCH
2 GEOGRAPHICAL AREA MAY BE INCLUDED IN ANY CALCULATION OF
3 WHETHER SUCH UNITS CONSTITUTE A MAJORITY OF THE GEOGRAPHICAL
4 AREA UNDER THIS SUBSECTION.
5 (4) FOR PURPOSES OF THIS SUBSECTION, A BUILDING
6 CONTAINING MULTIPLE CONDOMINIUM UNITS SHALL BE TREATED AS ONE
7 UNIT OF PROPERTY.
8 (D) REDESIGNATION.--IF A CONDEMNOR SEEKS TO ADD OR ENLARGE A
9 BLIGHTED AREA, IT MUST FIND THAT THE AREA MEETS THE REQUIREMENTS
10 OF SUBSECTION (B) OR (C) AT THE TIME OF THE ADDITION OR
11 ENLARGEMENT.
12 (E) EXPIRATION.--THE DECLARATION OF A BLIGHTED AREA SHALL
13 EXPIRE AFTER 20 YEARS.
14 § 206. EXTRATERRITORIAL TAKINGS.
15 NO POLITICAL SUBDIVISION SHALL EXERCISE EMINENT DOMAIN
16 AUTHORITY AGAINST LAND THAT IS SITUATED IN ANOTHER POLITICAL
17 SUBDIVISION WITHOUT THE APPROVAL BY RESOLUTION OF THE GOVERNING
18 BODY OF THE POLITICAL SUBDIVISION IN WHICH THE LAND IS SITUATED.
19 § 207. EMINENT DOMAIN OF AGRICULTURAL PROPERTY.
20 (A) APPROVAL REQUIRED.--NOTWITHSTANDING ANY PROVISION OF LAW
21 TO THE CONTRARY, APPROVAL BY THE AGRICULTURAL LANDS CONDEMNATION
22 APPROVAL BOARD SHALL BE REQUIRED PRIOR TO AUTHORITY OF ANY
23 AGENCY OF THE COMMONWEALTH OR POLITICAL SUBDIVISION OR MUNICIPAL
24 AUTHORITY TO EXERCISE POWERS OF EMINENT DOMAIN ON AGRICULTURAL
25 PROPERTY. APPROVAL SHALL BE OBTAINED IN ACCORDANCE WITH SECTION
26 13 OF THE ACT OF JUNE 30, 1981 (P.L.128, NO.43), KNOWN AS THE
27 AGRICULTURAL AREA SECURITY LAW.
28 (B) CRITERIA FOR APPROVAL.--IN ADDITION TO THE CRITERIA FOR
29 APPROVAL PRESCRIBED IN OTHER LAWS, THE AGRICULTURAL LANDS
30 CONDEMNATION APPROVAL BOARD SHALL CONSIDER AND DETERMINE WHETHER
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1 THE CONDEMNOR IS AUTHORIZED UNDER THIS CHAPTER TO TAKE THE
2 PROPERTY BY EMINENT DOMAIN.
3 (C) DETERMINATION OF BLIGHT.--THE EXERCISE OF EMINENT DOMAIN
4 POWERS BASED ON A CONDITION OF THE AGRICULTURAL PROPERTY SHALL
5 NOT BE AUTHORIZED UNDER SECTION 205 (RELATING TO BLIGHT) UNLESS
6 THE AGRICULTURAL LANDS CONDEMNATION APPROVAL BOARD DETERMINES
7 THE EXERCISE IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF
8 THE COMMUNITY.
9 (D) DISAPPROVAL.--THE AGRICULTURAL LANDS CONDEMNATION
10 APPROVAL BOARD SHALL DISAPPROVE THE PROPOSED CONDEMNATION IF THE
11 BOARD DETERMINES THE CONDEMNOR IS NOT AUTHORIZED UNDER THIS
12 CHAPTER TO TAKE THE AGRICULTURAL PROPERTY BY EMINENT DOMAIN.
13 SECTION 2. REPEALS ARE AS FOLLOWS:
14 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
15 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 26
16 PA.C.S. § 205.
17 (2) AS MUCH OF SECTION 2 OF THE ACT OF MAY 24, 1945
18 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT LAW, AS
19 RELATES TO CONDEMNATION OF BLIGHTED PREMISES AND THAT IS
20 INCONSISTENT WITH THIS ACT, IS REPEALED.
21 (3) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED
22 INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
23 SECTION 3. (A) THIS ACT SHALL APPLY TO THE EXERCISE OF THE
24 POWER OF EMINENT DOMAIN ON OR AFTER THE EFFECTIVE DATE OF THIS
25 SECTION.
26 (B) FOR PROPERTY ACQUIRED PURSUANT TO 26 PA.C.S. § 205, THIS
27 ACT SHALL NOT APPLY TO UNITS OF PROPERTY IDENTIFIED IN A
28 REDEVELOPMENT PROPOSAL APPROVED BY A GOVERNING BODY BEFORE THE
29 EFFECTIVE DATE OF THIS SECTION.
30 SECTION 4. THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
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