67. Using the PA Abandoned and Blighted Property Conservatorship Act - Some Thoughts

Today I had a private seminar by a person fully knowledgeable in the workings and application of the Pennsylvania Abandoned and Blighted Property Conservatorship Act.  It is a very useful tool in addressing abandoned and blighted properties that is not being fully utilized across the Commonwealth. It is most often used in Philadelphia and Allegheny County.

As any property owner in a municipality can use the Act in addressing rehabilitation or demolition of an abandoned and blighted structure within 2000 feet of their property, it provides many opportunities to use the Act. It was made clear that a nonprofit organization with an headquarters in a county may  initiate a petition to conserve for any abandoned and blighted property in that county. That makes the
Act even more flexible than this writer was aware.

During the seminar the discussion turned to the defect in the current Pennsylvania Crimes Code as it addresses trespass.
The PA Crimes Code provides as a defense that the trespass was in an abandoned structure. As such, the trespass law is not a quiver in the bow of law enforcement for addressing squatters. The Act has been used by frustrated citizens to petition for a conservatorship and by doing so ultimately gain title and control of the property used by squatters. Now the property would no longer be abandoned and the trespass law could be enforced. There are costs involved but the short term paybacks are often considerable. Certainly the long term benefit of using the Act to eliminate squatter scofflaws and rehabilitation of a property would be worth the investment.