PRINTER'S NO. 2637
No. 2059 Session of 1999
INTRODUCED BY METCALFE, STERN, LEH, WILT, BENNINGHOFF,
ARMSTRONG, BASTIAN, BIRMELIN, DeLUCA, EGOLF, FORCIER, GEORGE,
HABAY, ROBINSON, ROHRER, YOUNGBLOOD, ORIE AND STEVENSON,
NOVEMBER 10, 1999
REFERRED TO COMMITTEE ON URBAN AFFAIRS, NOVEMBER 10, 1999
AN ACT
1 Amending the act of May 24, 1945 (P.L.991, No.385), entitled "An
2 act to promote elimination of blighted areas and supply
3 sanitary housing in areas throughout the Commonwealth; by
4 declaring acquisition, sound replanning and redevelopment of
5 such areas to be for the promotion of health, safety,
6 convenience and welfare; creating public bodies corporate and
7 politic to be known as Redevelopment Authorities; authorizing
8 them to engage in the elimination of blighted areas and to
9 plan and contract with private, corporate or governmental
10 redevelopers for their redevelopment; providing for the
11 organization of such authorities; defining and providing for
12 the exercise of their powers and duties, including the
13 acquisition of property by purchase, gift or eminent domain;
14 the leasing and selling of property, including borrowing
15 money, issuing bonds and other obligations, and giving
16 security therefor; restricting the interest of members and
17 employes of authorities; providing for notice and hearing;
18 supplying certain mandatory provisions to be inserted in
19 contracts with redevelopers; prescribing the remedies of
20 obligees of redevelopment authorities; conferring certain
21 duties upon local planning commissions, the governing bodies
22 of cities and counties, and on certain State officers, boards
23 and departments," further providing for blighted areas or
24 property.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 2(a) of the act of May 24, 1945 (P.L.991,
28 No.385), known as the Urban Redevelopment Law, amended May 27,
1 1957 (P.L.197, No.98), is amended to read:
2 Section 2. Findings and Declaration of Policy.--It is hereby
3 determined and declared as a matter of legislative finding--
4 (a) [That there exist in urban communities in this
5 Commonwealth areas which have become blighted because of the
6 unsafe, unsanitary, inadequate or overcrowded condition of the
7 dwellings therein, or because of inadequate planning of the
8 area, or excessive land coverage by the buildings thereon, or
9 the lack of proper light and air and open space, or because of
10 the defective design and arrangement of the buildings thereon,
11 or faulty street or lot layout, or economically or socially
12 undesirable land uses.] That there exist in urban communities in
13 this Commonwealth areas which have become blighted and will be
14 eligible for redevelopment for the betterment of the community
15 and Commonwealth.
16 * * *
17 Section 2. The act is amended by adding a section to read:
18 Section 2.1. Blighted Areas.--(a) "Blighted area" shall be
19 defined as an area that in its present condition and use and, by
20 reason of the presence of at least four of the following
21 factors, substantially impairs normal market transactions or is
22 a menace to public health, safety or welfare:
23 (1) The existence of deteriorated or deteriorating
24 structures in an area.
25 (2) The existence of unsafe, unsanitary or overcrowded
26 conditions in a dwelling.
27 (3) The existence of conditions that endanger life or
28 property by fire or other causes.
29 (4) The building or property in the area represents a hazard
30 to the natural, physical environment.
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1 (5) The site or dwelling is regarded as a public nuisance at
2 common law or has been declared a public nuisance.
3 (6) Buildings that are unhealthy for a person to live or
4 work because of building code violations or vermin infestation.
5 (7) Any premise which because of physical condition, use or
6 occupancy is considered an attractive nuisance to children,
7 including, but not limited to, abandoned wells, shafts,
8 basements, excavations and unsafe fences or structures.
9 (b) The inclusion of property designated as blighted in an
10 urban renewal area, without objection by the property owners and
11 the tenants of such owners, if any, does not mean that the
12 owners have waived any rights of such owners in connection with
13 the laws governing condemnation.
14 (c) Property owners shall have certain rights in proceedings
15 and certifications related to blighted property:
16 (1) Public hearings shall be held outlining the reason for
17 the blight designation. The public shall be notified about the
18 hearing by publication in a newspaper having a general
19 circulation in the community. The notice must contain all
20 relevant information about the proceedings. The hearing shall
21 take place no less than thirty days from the notice.
22 (2) The governing body shall make reasonable efforts to
23 provide written notice of the public hearing to all property
24 owners, tenants, if any, and owners of business concerns in the
25 blighted area. They shall be notified no less than thirty days
26 before the hearings begins.
27 (3) The burden of proof is on the governing body.
28 (4) The owner of property shall be afforded ninety days to
29 correct and challenge the findings of the governing body. A new
30 hearing shall take place no less than one hundred twenty days
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1 after the previous hearing.
2 (5) The property owner retains the right to seek legal
3 action against the governing body.
4 (6) If a plan to designate an area as blighted contains
5 property that was included in a previous plan that was not
6 approved, at least twenty-four months shall have passed before a
7 new hearing can begin.
8 (7) Owners and tenants displaced by the use of eminent
9 domain shall be compensated for moving expenses and actual
10 direct losses of property, including for business concerns, good
11 will and lost profits that are reasonably related to the
12 relocation of the business, resulting from their displacement.
13 (d) The blight designation of an area shall be terminated
14 if:
15 (1) A redevelopment plan has not been set forth and
16 implemented within a ten-year time period.
17 (2) The area has been successfully redeveloped. If the
18 redevelopment deteriorates over time a new designation should be
19 sought.
20 Section 3. Section 12.1 of the act is repealed.
21 Section 4. The act is amended by adding a section to read:
22 Section 12.2. Blighted Designation.--Previously declared
23 blighted areas shall not be grandfathered. New criteria in
24 section 2.1 must be met for all blighted designations.
25 Section 4. This act shall take effect immediately.
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