PRIOR PRINTER'S NO. 618
PRINTER'S NO. 686
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
645
Session of
2023
INTRODUCED BY HUGHES, APRIL 20, 2023
AS AMENDED ON SECOND CONSIDERATION, MAY 1, 2023
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in general provisions, providing for
ten-year limitation for acquiring title to vacant land for
gardens in cities of the first class.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 1143. Ten-year limitation for acquiring title to vacant land
for gardens in cities of the first class .
(a) Vacant land.--Notwithstanding 42 Pa.C.S. § 5527.1
(relating to ten year limitation), t he 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 (b).
(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 (b), 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 (b), the possessor has maintained the
vacant land as a garden or community garden for at least
five 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.
(vi) The property shall remain a garden or a
community garden for a period of not less than five years
from the date of acquisition. The court shall impose a
deed restriction on the property at the time of
acquisition. The deed restriction shall be 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.
(b) Quiet title action required.-- Notwithstanding 42 Pa.C.S.
§ 5527.1(c)(1), a A possessor who seeks to acquire title to real
property under this section must, after meeting the requirements
of 42 Pa.C.S. § 5527.1 (a) and (b) or 42 Pa.C.S. § 5527.1 (a) and
UNDER subsection (a), commence a quiet title action and provide
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notice as required under this section. 42 PA.C.S. § 5527.1(C)(2)
AND (3) AND (D).
(C) NONEXCLUSIVE REMEDY.--THE RELIEF AVAILABLE UNDER THIS
SECTION IS INTENDED TO BE CUMULATIVE AND NOT EXCLUSIVE OF ANY
OTHER RIGHTS OR REMEDIES THAT MAY BE AVAILABLE UNDER LAW OR
EQUITY, INCLUDING, BUT NOT LIMITED TO, THE DETERMINATION OF
TITLE TO A DECEDENT'S INTEREST IN REAL ESTATE UNDER 20 PA.C.S. §
3546 (RELATING TO DETERMINATION OF TITLE TO DECEDENT'S INTEREST
IN REAL ESTATE).
(c) (D) 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:
"Action." As defined in 42 Pa.C.S. § 102 (relating to
definitions).
"Court." As defined in 42 Pa.C.S. § 102.
"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.
"Permanent structure." The term 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." As defined in 42 Pa.C.S. § 5527.1(h) .
"Vacant land." Real property that has no permanent
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structures. 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.
Section 2. This act shall take effect in 60 days.
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