2023-2024 Regular Session SB 645 PN 1789 Bill Text (HTM)

PRIOR PRINTER'S NOS. 618, 686

PRINTER'S NO. 1789

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

645

Session of

2023

INTRODUCED BY HUGHES AND SAVAL, APRIL 20, 2023

AS AMENDED ON THIRD CONSIDERATION, JUNE 26, 2024

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in general provisions, providing for

ten-year limitation for acquiring title to vacant land for

gardens in cities of the first class.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 53 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 1143. Ten-year limitation for acquiring title to vacant land

for gardens in cities of the first class .

(a) Vacant land.--Notwithstanding 42 Pa.C.S. § 5527.1

(relating to ten year limitation), t he following shall apply:

(1) In cities of the first class, a possessor may

acquire title to privately owned vacant land under this

section in an action to quiet title under subsection (b).

(2) In order to acquire title to vacant land under

paragraph (1), the possessor must show that:

(I) THE POSSESSOR IS A RESIDENT OF A CITY OF THE

FIRST CLASS.

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(i) (II) The possessor has made actual, continuous,

exclusive, visible, notorious, distinct and hostile

possession of the vacant land for a period of not less

than 10 years.

(ii) (III) At the time of filing the quiet title

action under subsection (b), the possessor currently

maintains the vacant land as a garden or community

garden.

(iii) (IV) At the time of filing the quiet title

action under subsection (b), the possessor has maintained

the vacant land as a garden or community garden for at

least five years.

(iv) (V) The petitioner has a demonstrated capacity

to maintain the space by providing a simple plan for

managing the work of tending garden beds, removing weeds

within the garden and trash and snow removal outside the

garden along street frontage AS WELL AS A SIMPLE PLAN FOR

PAYING ALL REQUIRED TAXES, UNLESS THE PETITIONER IS

OTHERWISE EXEMPT .

(v) The area of the vacant land as described by the

metes and bounds does not exceed a total area of one-half

acre.

(vi) The property shall remain a garden or a

community garden for a period of not less than five years

from the date of acquisition. The court shall impose a

deed restriction on the property at the time of

acquisition. The deed restriction shall be removable upon

petition to the court and a showing that the restriction

will impose a financial or economic hardship on the

possessor or the possessor's heirs.

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(VI) THE FOLLOWING:

(A) THE COURT SHALL IMPOSE A DEED RESTRICTION ON

THE PROPERTY AT THE TIME OF ACQUISITION THAT THE

PROPERTY SHALL REMAIN A GARDEN OR A COMMUNITY GARDEN

FOR A PERIOD OF NOT LESS THAN SEVEN YEARS FROM THE

DATE OF ACQUISITION. THE DEED RESTRICTION, AT A

MINIMUM, SHALL INCLUDE A REQUIREMENT THAT THE

PETITIONER SHALL:

(I) COMPLY WITH LOCAL REGULATIONS RELATING

TO:

(A) COMMUNITY GARDENS;

(B) MANAGED OPEN SPACES;

(D) PERMANENT STRUCTURES.

(II) ONLY USE THE VACANT LAND FOR THE

PERMITTED USE.

(B) THE DEED RESTRICTION SHALL BE REMOVABLE UPON

PETITION TO THE COURT AND A SHOWING THAT THE

RESTRICTION WILL IMPOSE A FINANCIAL OR ECONOMIC

HARDSHIP ON THE CURRENT TITLE HOLDER.

(b) Quiet title action required.-- A possessor who seeks to

acquire title to real property under this section must, after

meeting the requirements under subsection (a), commence a quiet

title action and provide notice as required under 42 Pa.C.S. §

5527.1(c)(2) and (3) and (d).

section is intended to be cumulative and not exclusive of any

other rights or remedies that may be available under law or

equity, including, but not limited to, the determination of

title to a decedent's interest in real estate under 20 Pa.C.S. §

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3546 (relating to determination of title to decedent's interest

in real estate).

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Action." As defined in 42 Pa.C.S. § 102 (relating to

definitions).

"Court." As defined in 42 Pa.C.S. § 102.

"Garden" or "community garden." Real property that has no

permanent structure that is managed and maintained by an

individual, a group of individuals or a nonprofit organization,

and that consists of open spaces covered with natural vegetation

such as grass, plants or trees or planted vegetation such as

vegetables, fruits or flowers for personal or group consumption,

for donation or for sale that is incidental in nature.

"Permanent structure." The term does not include fences,

arbors, sunshades, gazebos, pergolas, trellises, stages, raised

beds, composting toilets, storage structures, sheds,

greenhouses, hoop houses, animal containments or anything that

could be removed without obtaining a municipal demolition

permit.

"Real property." As defined in 42 Pa.C.S. § 5527.1(h) .

"PERMITTED USE." THE TERM INCLUDES GROWING, HARVESTING AND

STORING FLOWERS, FRUITS, VEGETABLES, SMALL ORNAMENTAL PLANTS AND

COVER CROPS FOR PERSONAL OR GROUP CONSUMPTION, FOR DONATION OR

FOR SALE. THE TERM SHALL NOT INCLUDE FLOWERS, FRUITS,

VEGETABLES, SMALL ORNAMENTAL PLANTS AND COVER CROPS THAT ARE

REGULATED OR PROHIBITED BY FEDERAL LAW.

"PRIVATELY OWNED VACANT LAND." VACANT LAND THAT IS PRIVATELY

OWNED. THE TERM DOES NOT INCLUDE VACANT LAND OWNED BY ANY OF THE

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FOLLOWING:

(1) THE FEDERAL GOVERNMENT.

(2) THE COMMONWEALTH.

(3) A CITY OF THE FIRST CLASS.

(4) A MUNICIPAL ORGANIZATION.

(5) A LAND BANK.

(6) A REDEVELOPMENT AUTHORITY.

(7) A PUBLIC BODY.

(8) A BODY CORPORATE AND POLITIC.

(9) A NONPROFIT CORPORATION TO WHICH THE FOLLOWING

APPLY:

(I) THE NONPROFIT CORPORATION IS ORGANIZED UNDER THE

LAWS OF THIS COMMONWEALTH.

(II) THE DIRECTORS OF THE NONPROFIT CORPORATION

INCLUDE THE MAYOR AND OTHER OFFICIALS OF A CITY OF THE

FIRST CLASS.

(III) UPON THE DISSOLUTION OF THE NONPROFIT

CORPORATION, FULL LEGAL TITLE TO ALL LAND ACQUIRED BY THE

NONPROFIT CORPORATION FOR THE PURPOSE OR AS A RESULT OF

THE DEVELOPMENT, IMPROVEMENT AND MAINTENANCE OF THE LAND

SHALL VEST IN THE CITY OF THE FIRST CLASS.

"Vacant land." Real property that has no permanent

structures . A permanent structure does not include fences,

arbors, sunshades, gazebos, pergolas, trellises, stages, raised

beds, composting toilets, storage structures, sheds,

greenhouses, hoop houses, animal containments or anything that

could be removed without obtaining a municipal demolition

permit. AND AS DESCRIBED BY THE METES AND BOUNDS DOES NOT EXCEED

A TOTAL AREA OF ONE-HALF ACRE.

Section 2. This act shall take effect in 60 days.

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