51. Negligent Ownership - Abandoned and Blighted Property

So, the neighbor asked, "How can a person's real estate be denied their possession and control by the Abandoned and Blighted Property Conservatorship Act? Why can a law do that?" He knew of my interest in that law. 

I explained that the Act declares that abandoned and blighted properties harm all property owners by lowering community property values, creating property that is a public nuisance, and/ or is a risk to health and welfare, and/ or is a fire risk and/ or site for criminal activity. So, as the Act establishes and defines harm, the Act provides a remedy. 

Rehabilitate or demolish. Either the petitioner for conservatorship will remedy the blight OR the owner. The owner simply defends his possession and control by telling the court he will do the rehabilitation or demolition. 

Maybe the law should have been named the "use it or lose it law." 

The owner's defense requires that he file a plan of action, post a performance bond and be under the supervision of the County Court of Common Pleas. And, the owner must reimburse the petitioner for his costs plus 20%. If the owner allows the conservatorship to proceed he has the first right to reimburse the conservator's costs plus 20% upon the sale of the property. If he fails to redeem the property by exercising his right, then the conservatorship sale goes forward. Assuming that the there are no tax arrearages or other government liens; then the conservator is the first lienholder. 

The Act is a remedy for the owner's negligent ownership. After all, the owner always has the right to rehabilitate and redeem his abandoned and blighted property. The Act addresses the owner's control and ownership but does so assuring that the blight will be remedied. It also creates costs created by his negligence.