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PRINTER'S NO. 1234
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
939
Session of
2021
INTRODUCED BY HUGHES, SAVAL, COMITTA, FONTANA, KEARNEY,
BREWSTER, SCHWANK, COSTA AND CAPPELLETTI, NOVEMBER 19, 2021
REFERRED TO JUDICIARY, NOVEMBER 19, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
further providing for ten year limitation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5527.1(c)(1) and (h) of Title 42 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
ยง 5527.1. Ten year limitation.
* * *
(b.1) Vacant land.--The following shall apply:
(1) In cities of the first class, a possessor may
acquire title to privately owned vacant land under this
section in an action to quiet title under subsection (c).
(2) In order to acquire title to vacant land under
paragraph (1), the possessor must show that:
(i) the possessor has made actual, continuous,
exclusive, visible, notorious, distinct and hostile
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possession of the vacant land for a period of not less
than 10 years;
(ii) at the time of filing the quiet title action
under subsection (c) the possessor currently maintains
the vacant land as a garden or community garden;
(iii) at the time of filing the quiet title action
under subsection (c) the possessor has maintained the
vacant land as a garden or community garden for at least
5 years;
(iv) the petitioner has a demonstrated capacity to
maintain the space by providing a simple plan for
managing the work of tending garden beds, removing weeds
within the garden and trash and snow removal outside the
garden along street frontage;
(v) the area of the vacant land as described by the
metes and bounds does not exceed a total area of one half
acre; and
(vi) the property will remain a garden or a
community garden for a period of not less than five years
from the date of acquisition. The court will impose a
deed restriction on the property at the time of
acquisition. The deed restriction is removable upon
petition to the court and a showing that the restriction
will impose a financial or economic hardship on the
possessor or the possessor's heirs.
(c) Quiet title action required.--
(1) A possessor who seeks to acquire title to real
property under this section must, after meeting the
requirements of subsections (a) and (b) or (a) and (b.1),
commence a quiet title action and provide notice as required
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in this section.
* * *
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Garden" or "community garden." Real property that has no
permanent structure that is managed and maintained by an
individual, a group of individuals or a nonprofit organization,
and that consists of open spaces covered with natural vegetation
such as grass, plants or trees or planted vegetation such as
vegetables, fruits or flowers for personal or group consumption,
for donation or for sale that is incidental in nature. A
permanent structure does not include fences, arbors, sunshades,
gazebos, pergolas, trellises, stages, raised beds, composting
toilets, storage structures, sheds, greenhouses, hoop houses,
animal containments or anything that could be removed without
obtaining a municipal demolition permit.
"Real property." Real estate not exceeding one-half acre in
area that is:
(1) Improved by a single-family dwelling that is and has
been occupied by a possessor seeking title under this section
for the full 10 years.
(2) Identified as a separate lot in a recorded
conveyance, recorded subdivision plan or recorded official
map or plan of a municipality.
"Single-family dwelling." A residence designed for occupancy
by one household, whether detached from or attached to other
structures.
"Vacant land." Real property that has no permanent
structures. A permanent structure does not include fences,
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arbors, sunshades, gazebos, pergolas, trellises, stages, raised
beds, composting toilets, storage structures, sheds,
greenhouses, hoop houses, animal containments or anything that
could be removed without obtaining a municipal demolition
permit.
Section 2. This act shall take effect in 60 days.
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