Smucker v. Lancaster City Planning Comm’n, 74 A.3d 349 (Pa. Commw. Ct. 2013).
Facts indicative of "vacant" property under Urban Redevelopment Law.
The City authorized the taking of a property under the Urban Redevelopment Law and began condemnation proceedings. The Owner appealed and the Commonwealth Court held the property was “vacant” as required by the Urban Redevelopment Law. As a result, the Commonwealth Court ruled that the condemnation was legal. The Owner argued that an individual occupied the property and maintained it in lieu of paying rent. However, the Commonwealth Court determined the property was vacant because the Owner refused to provide the City with a copy of a written lease or any contact information for the alleged occupier, and would not permit the City to inspect the interior of the property. Moreover, the property was not registered as a rental property as required by the City’s code.
No liability is assumed with respect to the use of information contained in this website. Laws may be amended or court rulings made that could affect a particular procedure, issue, or interpretation. The Department of Community & Economic Development assumes no responsibility for errors and omissions nor any liability for damages resulting from the use of information contained herin. Please contact your local solicitor for legal advice.