Pennsylvania § 1143 - Ten-year limitation for acquiring title to vacant land for gardens in cities of the first class.

§ 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), the 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.

(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.

(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.

(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.

(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.

(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;

(c) health codes; and

(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).

(c) Nonexclusive remedy.--The relief available under this 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. § 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.

"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 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 and as described by the metes and bounds does not exceed a total area of one-half acre.

(July 8, 2024, P.L.538, No.50, eff. 60 days)

2024 Amendment. Act 50 added section 1143.

SUBPART B

GOVERNING BODY