In their continuing effort to eradicate blight, local officials often complain that legal hurdles and mounds of red tape prevent them from making much progress.
But with a stroke from his pen last week, Gov. Ed Rendell provided some help.
Rendell on Wednesday signed the Abandoned and Blighted Property Conservatorship Act, which in some cases allows a court-designated “conservator” to take control of – and then fix or demolish – a vacant, blighted structure.
While some officials in Cambria and Somerset counties expressed concerns about the new law’s legal mechanisms and its lack of funding, they also said the measure could help them address their most-troublesome properties.
“It’s a welcome tool,” said Ron Shomo, Johnstown’s codes and permitting director.
It took years for the act to pass through the Legislature and reach the governor’s desk.
Concerns about impinging on the rights of property owners were a major stumbling block, said state Rep. Don Walko, an Allegheny County Democrat who authored the bill.
But in the end, he said, “we were able to show that private interests end when the neighbors next door are losing the value of their home” due to blight.
The act works like this: A “party in interest” may petition the court to appoint a conservator who would have the power to repair – or, if necessary, demolish – a blighted property.
Those who could be a “party in interest” include someone who holds a lien on the property, a nearby resident or business owner, a municipality, a school district or a nonprofit corporation.
Though the law applies to both residential and commercial structures, there are strict guidelines for which properties are eligible:
nThe building must have remained unoccupied for the previous 12 months.
nThe parcel cannot have been “actively marketed” for sale for the previous 60 days.
nThe property cannot be subject to a foreclosure action.
nThe current owner must fail to “present sufficient evidence that he has acquired the property within the last six months.”
In addition, a judge must find that at least three of nine other conditions apply to a property.
That includes buildings that are “unfit for human habitation” or are an “attractive nuisance to children.”
After a series of attempts to notify a property’s owner, the court would hold a hearing and appoint a conservator, who must develop a plan to fix a blighted building.
While the conservator does not take ownership, that person or entity has complete control of a property – though the owner can attempt to intervene through the courts at any time.
The conservator also can file a lien against the property to help cover renovation costs.
Eventually, a renovated property could be sold, with the proceeds going toward court costs and payments of liens and other debts.
For officials who either don’t have the power to take property through eminent domain, or those who consider eminent domain to be a “legal nightmare,” the conservatorship act may be a blessing.
And it could be a remedy for the headaches of dealing with uncooperative, absentee property owners who don’t respond to letters or citations and won’t show up for court hearings.
Larry Custer, Cambria County Redevelopment Authority executive director, said he’s already been contacted by a few municipal attorneys who hope to use the authority as a conservator to address blighted property.
“This is a wonderful tool for us,” Custer said.
Steven Spochart, Somerset County Redevelopment Authority executive director, expressed similar sentiments.
While Spochart considers himself a supporter of property rights, he said those who allow structures to become severely blighted have a negative impact on an entire community.
“It becomes a public problem because of the effect it has on the neighborhood and property values,” he said.
If there is a major question about the new law, it is this: Where’s the money?
It takes cash for a conservator to be able to bring a property up to code or demolish it, and Walko’s bill does not provide any state funding for those efforts.
“All these things will work, but the one missing link is money,” Shomo said.
Walko acknowledges the lack of available funding for anti-blight efforts.
“I readily admit that there have to be more sources of money,” he said.
Financial issues aside, others are skeptical of the new law’s practicality.
Ron Repak, Johnstown Redevelopment Authority executive director, said he finds the conservatorship process “extremely complicated.” He expects it to be used only in the worst blight cases.
Repak is concerned about possible legal issues.
“The first challenge coming from a private owner who wasn’t notified, or a lien holder who wasn’t notified, that worries me a little bit,” he said.
Local News
New law targets blight
- Local News
-
-
Book honors Flight 93 co-pilot Homer
The widow of Flight 93 copilot LeRoy W. Homer Jr. is releasing a book this month on the events of Sept. 11, 2001.
-
Mild winter speeds work: Entertainment venue may be complete by end of May
An unusually mild winter has accelerated construction of a new outdoor entertainment venue in Johnstown.
-
Man jailed on rash of charges
A Patton man is being held on $100,000 bond after police said he threatened to kill a woman, her family and himself unless she talked to him about a protection-from-abuse order.
-
Blogging with heart
Anyone else have this issue: The more I know, the more I want to learn.
As I am writing my heart month stories for this week’s packages, I occasionally come across a term or description unfamiliar to me. So I look it up. And then the definition or article has something else that sounds important, so I look that up. -
Cambria abolishes 16 jobs
Following through on promises to cut budget costs, the Cambria County commissioners voted Thursday to abolish 16 positions, including nine full-time jobs.
-
Wozniak defends his support of drilling bill
State Sen. John Wozniak, D-Westmont, one of only seven Democrats to support the Marcellus Shale legislation adopted this week, said the bill protects the environment and provides help to local communities impacted by the natural gas drilling.
-
Businessman hoping to unseat Wozniak
Tim Houser uses two words – “challenging opportunity” – to describe his goal in this year’s elections.
-
Judge tosses evidence in robbery
A Cambria County prosecutor said he’ll have to drop robbery charges against a Twin Rocks woman after much of his evidence was suppressed by a judge.
-
Shooting defendant pleads to attempted murder
A Philadelphia man pleaded guilty Thursday in county court to attempted murder and theft in a Nov. 18 home invasion in which the homeowner was shot.
-
Garrett man sought in Somerset crime
An arrest warrant has been issued for Samuel McFarland Jr., 33, of Berlin Street in Garrett in connection with Saturday’s robbery of two boys outside Dollar General on East Main Street in Somerset.
- More Local News Headlines
-
Book honors Flight 93 co-pilot Homer






