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PRIOR PRINTER'S NOS. 1228, 1562
PRINTER'S NO. 1756
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1163
Session of
2023
INTRODUCED BY SALISBURY, MADDEN, BRENNAN, SANCHEZ, HILL-EVANS,
BOROWSKI, KINKEAD, GALLAGHER, ABNEY, MULLINS, McANDREW,
TAKAC, FLEMING, SAMUELSON, WAXMAN, PIELLI, PISCIOTTANO,
SMITH-WADE-EL, PARKER, DONAHUE, T. DAVIS, PROBST, KAZEEM,
KHAN, MERSKI AND GREEN, MAY 18, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 27, 2023
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in land banks, FURTHER
PROVIDING FOR ACQUISITION OF PROPERTY AND providing for
municipal acquisition of real property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
SECTION 1. SECTION 2109 OF TITLE 68 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 2109. ACQUISITION OF PROPERTY.
* * *
(I) JUST COMPENSATION.--A LAND BANK THAT ACQUIRES REAL
PROPERTY UNDER THIS SECTION SHALL PAY JUST COMPENSATION OF THE
APPRAISED VALUE OF THE REAL PROPERTY AT THE TIME OF THE TRANSFER
MINUS ANY FINES, LIENS OR REMEDIATION COSTS TO THE RECORD OWNER
OF THE REAL PROPERTY.
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SECTION 2. TITLE 68 IS AMENDED BY ADDING A SECTION TO READ:
§ 2122. Municipal acquisition of real property.
(a) Authorization.--A municipality may authorize a land bank
to acquire and redevelop real property if all of the following
apply:
(1) The property:
(i) is abandoned or vacant and blighted, except for
unimproved land, for five consecutive years; or
(ii) is abandoned or vacant and has been declared a
nuisance property by the municipality for five
consecutive years.
(2) The property has a record of building code
violations or has been in serious violation of municipal
ordinances, including tax delinquency.
(3) The municipality has attempted at least three
notifications by mail, including the first notification by
certified mail, to the owner of the property to remediate the
building code violations or ordinance violations.
(b) Notification.--If the abandonment or vacancy and blight
of the property continues after the requirements of subsection
(a)(1), (2) and (3) have been established, the municipality
shall notify the owner of the property by certified mail that
the property is subject to be designated as available for
acquisition through a land bank due to abandonment or vacancy
and blight. Ninety days after the notification under this
subsection has been delivered and if the owner has not requested
an appeal hearing, the municipality may designate the property
as available for acquisition through a land bank. Notification
under this subsection shall include information on the appeal
process established under subsection (c).
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(c) Appeal.--An owner of a property may appeal the
designation of the property as available for acquisition through
a land bank. A municipality shall provide a property owner a
hearing. A municipality may:
(1) Grant an appeal if the owner of a property provides
the municipality with a plan for the use or redevelopment of
the property 30 days prior to an appeal hearing. The plan for
use or redevelopment shall include a timeline for
redevelopment, including scheduled dates when phases of the
redevelopment are planned to be completed, the proposed final
completion date, other information regarding the future plans
for the property and at least one of the following:
(i) actual or pending financing for redevelopment;
(ii) architectural drawings for redevelopment; or
(iii) a contract with a real estate developer,
contractor or other professional for use or redevelopment
of the property.
(2) If an appeal is granted and a redevelopment plan is
implemented, inspect a property at any time to ensure that
the redevelopment plan is being implemented. If an inspection
provides evidence that, without just cause, the redevelopment
plan is not being implemented or is failing to meet the
scheduled dates when phases of the redevelopment are planned
to be completed, the municipality may revoke the appeal and
designate the property as available for acquisition through a
land bank.
(3) If an owner provides evidence that an extension to a
redevelopment plan is warranted, grant extensions to the plan
in no more than six-month increments or designate the
property as available for acquisition through a land bank.
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(d) Acquisition.--Following the designation of real property
as available for acquisition through a land bank, a land bank
may acquire the property under section 2109 (relating to
acquisition of property).
Section 2 3. This act shall take effect in 60 days.
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