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.        Applicability.  Section 3(b) of Act 35 of 2006 provided that,     for property acquired pursuant to section 205, Act 35 shall not     apply to units of property identified in a redevelopment     proposal approved by a governing body before the effective date     of section 3.        Cross References.  Section 205 is referred to in sections     204, 207 of this title.