Monday, June 11, 2018

36. Whose Life? Whose Property?


What is the purpose of a government, any government?

A government's purpose is to protect life and property. Whose life and whose property is protected defines the nature and character of the government.

It is through the lens of the question, "Whose life and whose property is protected?"  that political questions, that is; how power is administered, should be considered.

The Abandoned and Blighted Property Conservatorship Act of Pennsylvania states that the lives of persons living in the vicinity of abandoned and blighted properties are harmed. They are harmed by being near a public nuisance that is a health and welfare risk. It is a fire risk. The value of their property is lessened. They are injured parties.

The Pennsylvania legislature in 2008 when it passed the original version of the Abandoned and Blighted Property Conservatorship Act of Pennsylvania did so with one nay vote in the House and an  unanimous vote in the Senate.
(See:http://www.legis.state.pa.us/CFDOCS/Legis/RC/Public/rc_view_byBill.cfm?sess_yr=2007&sess_ind=0&rc_body=H&bill_body=H&bill_type=B&bill_nbr=2188 )

The Pennsylvania legislature can be useful. It can protect life and property.

But, the costs of a petition for a conservatorship range form $2500 to $7500.  So, in correctiing an abandoned and blighted costs there are cost to the injured party in protectingn their life and property.

The law protects the owner of the abandoned and blighted property as they can maintain possession and control of the property IF they exercise their right to abate, rehabilitate and redeem the property.
Once the petition is filed, either the conservator or the owner will be supervised by the Court in the abate, rehabilitate, redeem cycle.

A major impediment and risk to the resources, that is, the "property" of the petitioner is that government  liens remain. A major contribution by local government, municipality, school district, county, would be to expunge tax arrearages for the petitioner upon completion of a conservatorship. That would mean that the conservator would then have a  first lien on the property without the burden of tax delinquency. The government gets a productive property by the exercise of private enterprise. The government would create an incentive for private investment. The government would eliminate a property that diminished real estate values, that was a threat to public health and welfare, that was an "attractive" nuisance, that was a fire risk. So, what kind of government would not create such an incentive?


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