2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 2 - Limitations on Use of Eminent Domain › Section 205 - Blight

§ 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.
Cross References.
Section 205 is referred to in sections 204, 207, 208 of this title.