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Blight - 26 Pa. Cons. Stat. § 205Legal Research Home > Pennsylvania Statutes
§ 205. Blight.
(a) Scope.--This section applies notwithstanding the act of
May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment
Law.
(b) Single property.--For purposes of acquiring a single
unit of property by eminent domain, a condemnor is authorized or
permitted to declare a property, either within or outside of a
redevelopment area, to be blighted only if the property is any
of the following:
(1) A premises which, because of physical condition or
use, is regarded as a public nuisance at common law or has
been declared a public nuisance in accordance with the
municipality housing, building, plumbing, fire or related
codes.
(2) A premises which, because of physical condition, use
or occupancy, is considered an attractive nuisance to
children. This paragraph includes an abandoned:
(i) well;
(ii) shaft;
(iii) basement;
(iv) excavation; or
(v) unsafe fence or structure.
(3) A dwelling which, because it is dilapidated,
unsanitary, unsafe, vermin-infested or lacking in the
facilities and equipment required by statute or an applicable
municipal code, has been designated by the agency responsible
for enforcement of the statute or code as unfit for human
habitation.
(4) A structure which is a fire hazard or is otherwise
dangerous to the safety of persons or property.
(5) A structure from which the utilities, plumbing,
heating, sewerage or other facilities have been disconnected,
destroyed, removed or rendered ineffective so that the
property is unfit for its intended use.
(6) Any vacant or unimproved lot or parcel of ground in
a predominantly built-up neighborhood which, by reason of
neglect or lack of maintenance, has become a place for
accumulation of trash and debris or a haven for rodents or
other vermin.
(7) An unoccupied property which has been tax delinquent
for a period of two years.
(8) A property which is vacant but not tax delinquent
and which has not been rehabilitated within one year of the
receipt of notice to rehabilitate from the appropriate
enforcement agency.
(9) An abandoned property. A property shall be
considered abandoned under this paragraph if it:
(i) is a vacant or unimproved lot or parcel of
ground on which a municipal lien for the cost of
demolition of a structure located on the property remains
unpaid for a period of six months;
(ii) is a vacant property or vacant or unimproved
lot or parcel of ground on which the total of municipal
liens on the property for tax or other type of claim of
the municipality is in excess of 150% of the fair market
value of the property as established by the Board of
Revisions of Taxes or other body with legal authority to
determine the taxable value of the property; or
(iii) has been declared abandoned by the owner,
including an estate that is in possession of the
property.
(10) A property which has defective or unusual
conditions of title or no known owners, rendering title
unmarketable.
(11) A property which has environmentally hazardous
conditions, solid waste pollution or contamination in a
building or on the land which poses a direct and immediate
threat to the health, safety and welfare of the community.
(12) A property having three or more of the following
characteristics:
(i) has unsafe or hazardous conditions that do not
meet current use, occupancy or fire codes;
(ii) has unsafe external and internal accessways;
(iii) is being served by an unsafe public street or
right-of-way;
(iv) violates the applicable property maintenance
code adopted by a municipality and is an immediate threat
to public health and safety;
(v) is vacant;
(vi) is located in a redevelopment area with a
density of at least 1,000 people per square mile or a
redevelopment area with more than 90% of the units of
property being nonresidential or a municipality with a
density of at least 2,500 people per square mile.
(c) Multiple properties.--
(1) For purposes of acquiring multiple units of property
by eminent domain, a condemnor is authorized or permitted to
declare an area, either within or outside of a redevelopment
area, to be blighted only if:
(i) a majority of the units of property meet any of
the requirements under subsection (b) and represent a
majority of the geographical area; or
(ii) properties representing a majority of the
geographical area meet one or more of the conditions set
forth in subsection (b)(1) through (11) or satisfy the
conditions of subsection (b)(12) that are necessary for a
condemnor to declare them blighted under subsection (b)
and at least one-third of the units of property meet two
or more of the requirements under subsection (b)(1)
through (11) or satisfy the conditions of subsection
(b)(12) and one or more of the requirements under
subsection (b)(1) through (11).
(2) A condemnor may use eminent domain to acquire any
unit of property within a blighted area so declared pursuant
to this section.
(3) Properties owned by the condemnor within such
geographical area may be included in any calculation of
whether such units constitute a majority of the geographical
area under this subsection.
(4) For purposes of this subsection, a building
containing multiple condominium units shall be treated as one
unit of property.
(d) Redesignation.--If a condemnor seeks to add or enlarge a
blighted area, it must find that the area meets the requirements
of subsection (b) or (c) at the time of the addition or
enlargement.
(e) Expiration.--The declaration of a blighted area shall
expire after 20 years.
Applicability. Section 3(b) of Act 35 of 2006 provided that,
for property acquired pursuant to section 205, Act 35 shall not
apply to units of property identified in a redevelopment
proposal approved by a governing body before the effective date
of section 3.
Cross References. Section 205 is referred to in sections
204, 207 of this title.
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Last modified: November 27, 2007 |