Regular Session 2023-2024 House Bill 1163 P.N. 1562

PRIOR PRINTER'S NO. 1228

PRINTER'S NO. 1562

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 AND MERSKI, MAY 18, 2023

AS REPORTED FROM COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,

HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 13, 2023

AN ACT

Amending Title 68 (Real and Personal Property) of the

Pennsylvania Consolidated Statutes, in land banks, 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:

§ 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 is abandoned, vacant or blighted for

five consecutive years or has been declared a nuisance

property by the municipality for five consecutive years.

(1) THE PROPERTY:

(I) IS ABANDONED OR VACANT AND BLIGHTED, EXCEPT FOR

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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 or 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 or 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).

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

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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.

(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. This act shall take effect in 60 days.

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