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§ 8814-C. Transfer of property

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: October 30, 2017

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 5. Tax Reform Code of 1971 (Refs & Annos)
Article XVIII-C. City Revitalization and Improvement Zones (Refs & Annos)
Effective: October 30, 2017
72 P.S. § 8814-C
§ 8814-C. Transfer of property
(a) Property.--Parcels in a zone where a facility has not been constructed, reconstructed or renovated using money under this article may be transferred out of the zone, if the contracting authority provides a notarized certification, confirmed in the annual audit required under section 1807-C(c),1 that no fund dollars were used on the property. Additional acreage, not to exceed the acreage transferred out of the zone, may be added to the zone.
(a.1) Public meeting.--Prior to requesting approval, the contracting authority shall hold a public meeting to consider the proposed transfer. At the meeting, any interested party may attend and offer comment on the proposal change.
(a.2) Infeasibility.--
(1) If no activity in furtherance of development has taken place on the parcel within eight years of the enactment of this section or designation of the zone, whichever occurs later, the contracting authority may conduct a public hearing on the feasibility of the parcel to continue with the designation pursuant to a request from the city or municipality where the parcel sits. The hearing shall be held and notice provided to the owner of the parcel in accordance with section 908 of the act of July 31, 1968 (P.L. 805, No. 247),2 known as the Pennsylvania Municipalities Planning Code. For purposes of this section, activity shall include, but not be limited to, construction, building, renovation, reconstruction, site preparation and site development.
(2) If the contracting authority determines that the project is no longer feasible, the contracting authority shall issue a written opinion within 45 days of the hearing setting forth the reasons supporting the determination and verifying that no activity has taken place. The decision may be appealed in accordance with section 1001-A of the Pennsylvania Municipalities Planning Code.3
(b) Approval.--A transfer under subsections (a) and (a.2) must be approved by the Department of Community and Economic Development in consultation with the office and the department.

Credits

1971, March 4, P.L. 6, No. 2, art. XVIII-C, § 1814-C, added 2013, July 9, P.L. 270, No. 52, § 31, imd. effective. Amended 2016, July 13, P.L. 526, No. 84, § 37, imd. effective; 2017, Oct. 30, P.L. 672, No. 43, § 37, imd. effective.

Footnotes

72 P.S. § 8807-C.
53 P.S. § 10908.
53 P.S. § 11001-A.
72 P.S. § 8814-C, PA ST 72 P.S. § 8814-C
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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