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§ 330.4. Blighted property

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and Commerce

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 8B. Economic Development Eminent Domain Law
73 P.S. § 330.4
§ 330.4. Blighted property
(a) General rule.--In addition to the powers contained in the act of August 23, 1967 (P.L. 251, No. 102),1 known as the Economic Development Financing Law, and subject to section 32 of this act, an authority shall have the power to acquire, by purchase, gift, bequest, eminent domain or otherwise, blighted areas located either within or outside of a certified redevelopment area. An authority also shall have the power to hold, clear, manage and dispose of blighted areas for residential and related reuse and for commercial or industrial reuse. This power shall be exercised in accord with the procedures set forth in this act.
(b) Property review committee.--The power conferred in subsection (a) shall be conditioned upon creation or existence of a property review committee by resolution of the governing body of the county where the property is located, and the review committee shall be responsible for determining whether the property constitutes a blighted area. The committee shall be made up of members as determined in the resolution but shall include at least one member of the governing body of the county, a representative of the authority, a representative of the appropriate county planning commission and a representative to be designated by the chief executive officer or officers from the executive branch of the government of the municipality.
(c) Rules for certification.--The property review committee, upon making a determination that any area is blighted, must certify the blighted area to the authority, except that:
(1) No property shall be certified to the authority unless it is vacant or substantially vacant.
(2) No property shall be certified to the authority unless the owner of the property or an agent designated by the owner for receipt of service of notices has been served with notice of the determination that the property is blighted, together with an appropriate order to eliminate the conditions causing the blight and notification that failure to do so may render the property subject to condemnation under this act. The notice shall be served upon the owner or his agent in accord with the provisions of a local ordinance pertaining to service of notice of determination of a public nuisance. The owner or his agent shall have the right of appeal from the determination in the same manner as an appeal from the determination of public nuisance.
(3) No blighted area shall be certified to the authority until the time period for appeal has been expressly waived or has expired and no appeal has been taken or, if an appeal has been taken, until the appeal has been disposed of and the owner or his agent has failed to comply with the order of the responsible department, officer or agency.
(d) Resolution required.--Power of eminent domain shall be exercised pursuant to a resolution of the authority and the procedure set forth in the act of June 22, 1964 (Sp.Sess., P.L. 84, No. 6),3 known as the Eminent Domain Code.

Credits

1999, June 25, P.L. 179, No. 24, § 4, imd. effective.

Footnotes

73 P.S. § 371 et seq.
73 P.S. § 330.3.
26 P.S. § 1-101 et seq. (repealed); see now, 26 Pa.C.S.A. § 101 et seq.
73 P.S. § 330.4, PA ST 73 P.S. § 330.4
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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