PRINTER'S NO. 510
No. 496 Session of 1999
INTRODUCED BY CONTI, GREENLEAF, TOMLINSON AND COSTA,
FEBRUARY 26, 1999
REFERRED TO COMMUNITY AND ECONOMIC DEVELOPMENT,
FEBRUARY 26, 1999
AN ACT
1 Conferring limited eminent domain power upon certain economic
2 development financing authorities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Economic
7 Development Eminent Domain Law.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Authority." A public instrumentality of the Commonwealth
13 and a body politic and corporate created pursuant to section 4
14 of the act of August 23, 1967 (P.L.251, No.102), known as the
15 Economic Development Financing Law.
16 "Blighted property." Includes any of the following:
17 (1) Any premises which because of physical condition or
1 use is regarded as a public nuisance at common law or has
2 been declared a public nuisance in accordance with the local
3 housing, building, plumbing, fire and related codes.
4 (2) Any premises which because of physical condition,
5 use or occupancy is considered an attractive nuisance to
6 children, including, but not limited to, abandoned wells,
7 shafts, basements, excavations, and unsafe fences or
8 structures.
9 (3) Any dwelling which because it is dilapidated,
10 unsanitary, unsafe, vermin-infested or lacking in the
11 facilities and equipment required by the housing code of the
12 municipality, has been designated by the department
13 responsible for enforcement of the code as unfit for human
14 habitation.
15 (4) Any structure which is a fire hazard, or is
16 otherwise dangerous to the safety of persons or property.
17 (5) Any structure from which the utilities, plumbing,
18 heating, sewerage or other facilities have been disconnected,
19 destroyed, removed, or rendered ineffective so that the
20 property is unfit for its intended use.
21 (6) Any vacant or unimproved lot or parcel of ground in
22 a predominantly built-up neighborhood, which by reason of
23 neglect or lack of maintenance has become a place for
24 accumulation of trash and debris, or a haven for rodents or
25 other vermin.
26 (7) Any unoccupied property which has been tax
27 delinquent for a period of two years.
28 (8) Any property which is vacant but not tax delinquent,
29 which has not been rehabilitated within one year of the
30 receipt of notice to rehabilitate from the appropriate code
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1 enforcement agency.
2 (9) Any property which is part of a closed military
3 facility and which requires extensive infrastructure and
4 other building improvements to be fit for its intended
5 commercial or industrial reuse.
6 "Residential and related use." Includes residential property
7 for sale or rental and related uses, including, but not limited
8 to, park and recreation areas, neighborhood community service,
9 and neighborhood parking lots.
10 Section 3. Eminent domain.
11 (a) Power conferred.--In addition to the powers contained in
12 the act of August 23, 1967 (P.L.251, No.102), known as the
13 Economic Development Financing Law, an authority having a
14 principal place of business in a second class A county and
15 having jurisdiction over at least one closed military facility
16 comprising in excess of five hundred acres shall have the power
17 to acquire by eminent domain any real property and fixtures
18 appurtenant thereto within the borders of a former military
19 facility for the purposes set forth in this act.
20 (b) Title to property.--Title to property acquired by an
21 authority through eminent domain pursuant to this act shall be
22 an absolute or fee simple title, unless a lesser title shall be
23 designated in the eminent domain proceedings. The authority may
24 exercise the right of eminent domain in the manner provided by
25 law for the exercise of such right by second class A counties.
26 If any of the real property to be acquired has, prior to
27 acquisition, been devoted to another public use, it may,
28 nevertheless, be acquired by condemnation, except that no real
29 property belonging to a city, to a county or to the Commonwealth
30 may be acquired without the consent of the city, county or the
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1 Commonwealth. No real property belonging to a public utility
2 corporation may be acquired without the approval of the Public
3 Utility Commission.
4 Section 4. Blighted property.
5 (a) General rule.--In addition to the powers contained in
6 the act of August 23, 1967 (P.L.251, No.102), known as the
7 Economic Development Financing Law, and subject to section 3 of
8 this act, an authority shall have the power to acquire, by
9 purchase, gift, bequest, eminent domain or otherwise, blighted
10 property located either within or outside of a certified
11 redevelopment area. An authority also shall have the power to
12 hold, clear, manage and dispose of blighted property for
13 residential and related reuse and for commercial or industrial
14 reuse. This power shall be exercised in accord with the
15 procedures set forth in this act.
16 (b) Property review committee.--The power conferred in
17 subsection (a) shall be conditioned upon creation or existence
18 of a property review committee by resolution of the governing
19 body of the county where the property is located, and the review
20 committee shall be responsible for determining whether the
21 property constitutes blighted property. The committee shall be
22 made up of members as determined in the resolution, but shall
23 include at least one member of the governing body of the county,
24 a representative of the authority, a representative of the
25 appropriate county planning commission, and a representative to
26 be designated by the chief executive officer or officers from
27 the executive branch of the government of the municipality.
28 (c) Rules for certification.--The property review committee,
29 upon making a determination that any property is blighted, must
30 certify the blighted property to the authority, except that:
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1 (1) No property shall be certified to the authority
2 unless it is vacant or substantially vacant.
3 (2) No property shall be certified to the authority
4 unless the owner of the property or an agent designated by
5 the owner for receipt of service of notices has been served
6 with notice of the determination that the property is
7 blighted, together with an appropriate order to eliminate the
8 conditions causing the blight and notification that failure
9 to do so may render the property subject to condemnation
10 under this act. The notice shall be served upon the owner or
11 his agent in accord with the provisions of a local ordinance
12 pertaining to service of notice of determination of a public
13 nuisance. The owner or his agent shall have the right of
14 appeal from the determination in the same manner as an appeal
15 from the determination of public nuisance.
16 (3) No blighted property shall be certified to the
17 authority until the time period for appeal has been expressly
18 waived or has expired and no appeal has been taken, or if an
19 appeal has been taken, until the appeal has been disposed of
20 and the owner or his agent has failed to comply with the
21 order of the responsible department, officer or agency.
22 (d) Resolution required.--Power of eminent domain shall be
23 exercised pursuant to a resolution of the authority and the
24 procedure set forth in the act of June 22, 1964 (Sp.Sess.,
25 P.L.84, No.6), known as the Eminent Domain Code.
26 Section 5. Effective date.
27 This act shall take effect immediately.
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