Arrington v. Urban Redevelopment Authority of Pittsburgh
Arrington v. Urban Redevelopment Authority of Pittsburgh
Opinion of the Court
OPINION BY
Terrance Arrington and Rhonda L. Ar-rington (condemnees) appeal an Allegheny County Court of Common Pleas (common pleas court) order overruling their preliminary objections to a declaration of taking filed by the Urban Redevelopment Authority of Pittsburgh (Authority). We affirm the order of the common pleas court.
The property owned by the Arringtons that was condemned by the Authority is located on the periphery of the Bedford Redevelopment Project. The Bedford Project is an ongoing development pro
The Proposal recommends that churches and homeowners who have occupied their properties within the last 180 days and whose properties are listed to be acquired will be exempt from acquisition. The Proposal was approved by the Authority Board on June 10, 1999 and by the City Planning Commission on June 15, 1999, whereupon it was submitted to City Council. City Council made the proposal available for public review and held a public hearing. Following that period, on March 21, 2000, the proposal was approved by City Council.
In August 1992, the Arringtons purchased the subject property with loans from the Authority. As a condition of the loans, the Arringtons promised to maintain the property as their principal residence during the course of the loans. However, in January 1998 the Arringtons relocated to Georgia. The Arringtons refused the Authority’s offer to buy back the property. The Arringtons’ property is located within the extended blight area defined in the November 1997 report. Since the Arring-tons’ property was non-owner occupied and within the extended blight area, a declaration of taking was filed and secured by a bond. The Arringtons filed preliminary objections to the declaration of taking, asserting that their property was not blighted, that the Authority had no authority to condemn the property, that they had been denied equal protection because of the exemption of certain owner-occupied premises, that the property was being taken for private purposes, that they had been denied due process, and that the bond was insufficient. After submission of deposition testimony and exhibits, the common pleas court overruled the preliminary objections. The court found that the City Planning Commission had acted in good faith in certifying the project area as blighted and that the Authority, in exercising the right of eminent domain in relation to the Arringtons’ property, had acted in good faith and followed proper statutory procedures. The Arringtons (Con-demnees) have appealed that ruling to this Court.
Our scope of review is limited to a determination of whether the trial court’s decision evidences an abuse of discretion or an error of law. In re Condem
We find no merit to the Arring-tons’ initial contention that the trial court erred in finding that the Arringtons failed to provide factual support for the contention that their property is not currently blighted. Intertwined in this argument, is the Arringtons argument that excluding owner-occupied residences from condemnation violates equal protection rights. A finding that a specific property is blighted is not necessary to support a condemnation proceeding if the property lies within a blighted area. Here, the evidence of record supports the conclusion that the designated area was blighted, and all agree that the property at issue lies within the perimeter of the blighted area. Therefore, a challenge to the taking on this issue has no merit. Crawford v. Redevelopment Authority of Fayette County, 418 Pa. 549, 211 A.2d 866 (1965); Leo Realty Company v. Redevelopment Authority of the City of Wilkes-Barre, 13 Pa.Cmwlth. 288, 320 A.2d 149,151 (1974).
The mere challenge to the Authority’s exclusion of owner-occupied residences from condemnation is an attack on the Authority’s certification of blight, which certification the Arringtons did not challenge. Furthermore, the record here reflects that absentee ownership and transient population generally leads to more degraded properties and that owner-occupied properties and churches would help in establishing stability in the area. There is no evidence of involvement of a suspect class or sensitive classification; there is a rational basis for the distinctions, therefore, the challenge that the certification of blight violates equal protection rights is found without merit since there is eviden-tiary support for the distinction.
Lastly, the Arringtons contend that condemnation was for a private purpose and not a public purpose because the property will be used for private residential development. However, the evidence of record is that the property will be used to eliminate blight and to create a tract of land that can be further development for residential use. The evidence establishes that the property is being taken for a proper public purpose; therefore, it may be permitted to revert to private ownership when the public purpose is discharged. White v. Redevelopment Authority of County of Washington, 147 Pa.Cmwlth. 175, 607 A.2d 314 (1992); In re: Condemnation by the Redevelopment Authority of the City of Harrisburg, 30 Pa.Cmwlth. 273, 373 A.2d 774, 776 (1977).
Accordingly, the order of the Court of Common Pleas of Allegheny County overruling the preliminary objections of Terrance and Rhonda Arrington is affirmed.
AND NOW, this 24th day of April 2003, the order of the Court of Common Pleas of Allegheny County is AFFIRMED.
. Act of May 24, 1945, P.L. 991, as amended, ns P.S. §§ 1701-1719.2.
Dissenting Opinion
DISSENTING OPINION BY
I respectfully dissent from the majority opinion because, for the first time, it holds that a property can be taken based on who owns the property rather than on the condition of the property or the necessity of the taking to carry out the redevelopment plan. Under the Urban Redevelopment Law,
In August 1992, Terrance Arrington and his wife, Rhonda L. Arrington (the Arring-tons), purchased property at 1819 Webster Avenue in Pittsburgh, Pennsylvania, and rehabilitated that property in accordance with the requirements of the Urban Redevelopment Authority of the City of Pittsburgh (Authority). The Arringtons now reside in Georgia but maintain the property as a rental property and have rented the property to various relatives. The property is located in an area known as the Bedford Redevelopment Project (Project), an area that was designated as blighted under the Urban Redevelopment Law. In accordance with that Law, the City Planning Commission prepared a redevelopment plan (Plan) and the Authority prepared a redevelopment proposal (Proposal) for the Project. As part of the plan, the City Planning Commission stated that blight would be corrected by determining “that properties would be acquired, a number of properties would be demolished, infrastructure improvements would be made and that a[sic] new rental and for sale properties would be constructed within that area.” (Reproduced Record at 182.) (Emphasis added.) The Proposal recommended that churches and homeowners who had occupied their properties within the last 180 days and whose properties were listed to be acquired would be exempt from acquisition. The Proposal was approved by the Authority, the City Planning Commission and, after a public hearing, by the Pittsburgh City Council.
Because the Arringtons’ property was non-owner occupied and within the extended blight area, a declaration of taking was filed. The Arringtons filed preliminary objections arguing, inter alia, that their property was not blighted and that they had been denied equal protection because of the exemption of owner-occupied properties. The Court of Common Pleas of Allegheny County (trial court) overruled the preliminary objections, finding that the Authority had acted in good faith and had followed statutory procedures. On appeal, the majority affirms the trial court, because “absentee ownership and transient population generally leads to more degraded properties and that owner-occupied properties and churches would help in establishing stability in the area,”. (Slip opinion p. 5.)
While I agree that there is no requirement that a specific property be deemed blighted to be subject to taking to implement a redevelopment plan, I dissent because there is no valid reason to exclude a
The Urban Development Law sets forth the procedure by which an area is redeveloped. It starts off with an area being designated as blighted, an area redevelopment plan being prepared by the City Planning Commission, and a redevelopment proposal being prepared by the Authority, all of which are approved by the City Council. The criteria to be used to determine whether an area is blighted is set forth in Section 2 of the Urban Redevelopment Law, 85 P.S. § 1702. Under that provision, an area can be designated as blighted when it exhibits the following:
(a) That there exist in urban communities in this Commonwealth areas which have become blighted because of the unsafe, unsanitary, inadequate or overcrowded condition of the dwellings therein, or because of inadequate planning of the area, or excessive land coverage by the buildings thereon, or the lack of proper light and air and open space, or because of the defective design and arrangement of the buildings thereon, or faulty street or lot layout, or economically or socially undesirable land uses.
(b) That such conditions or a combination of some or all of them have and will continue to result in making such areas economic or social liabilities, harmful to the social and economic well-being of the entire communities in which they exist, depreciating values therein, reducing tax revenues, and thereby depreciating further the general community-wide values.
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(e) That there exist within the Commonwealth both within and outside of certified redevelopment areas, properties which have become derelict, abandoned or unfit for human habitation or other use by reasons of age, obsolescence, prolonged vacancy, dilapidation, deterioration, lack of maintenance and care or general neglect.
(f) That such derelict properties individually and collectively constitute a blight and nuisance in the neighborhood; create fire and health hazards; are used for immoral and criminal purposes; constitute unreasonable interferences with the reasonable and lawful use and enjoyment of other premises in the neighborhood; are harmful to the social and economic well-being of any municipality; depreciate property values; and generally jeopardize the health, safety and welfare of the public.
35 P.S. § 1702.
As can be seen, all of the factors used in determining blight relate to the physical condition of the property, not to the status of the person who owns the property. Under the majority opinion, though, due to the transient nature of the persons that rent properties, those properties become undesirable because they lead to more degraded properties; therefore, owner-occupied properties and churches would help in establishing stability in the area. Under that reasoning, however, brand new apartment complexes could be considered a blighted area merely because they are not owner-occupied. Because blight is determined by the physical characteristics of the area to be certified, the fact that a property owner rents his property in no way establishes that an area is blighted or that the area is unsafe, unsanitary, inadequate, over-crowded, lacking proper light
After an area is determined to be blighted, the procedure to be used to redevelop the property is set forth in Section 10 of the Urban Redevelopment Law, 35 P.S. § 1710, which provides:
(a) An Authority shall prepare a redevelopment proposal for all or part of any area certified by the planning commission to be a redevelopment area and for which the planning commission has made a redevelopment area plan.
(b) The planning commission’s certification of a redevelopment area shall be made in conformance with its comprehensive general plan (which may include, inter alia, a plan of major traffic arteries and terminals and a land use plan and projected population densities) for the territory under its jurisdiction or for any greater area for which the field of operation of the Authority has been extended under clause (e) of section 3 of this act.
(c) The planning commission’s redevelopment area plan shall include, without being limited to, the following:
(1) The boundaries of the area, with a map showing the existing uses of the real property therein;
(2) A land use plan of the area showing proposed uses following redevelopment;
(3) Standards of population densities, land coverage and building intensities in the proposed redevelopment;
(4) A preliminary site plan of the area;
(5) A statement of the proposed changes, if any, in zoning ordinances or maps;
(6) A statement of any proposed changes in street layouts, street levels, and proposed traffic regulation, including the separation or excluding of vehicular traffic partially or totally from pedestrian traffic;
(7) A statement of the extent and effect of the rehousing of families which may be made necessary from the redevelopment area plan, and the manner in which such rehousing may be accomplished;
(8) A statement of the estimated cost of acquisition of the redevelopment area, and of all other costs necessary to prepare the area for redevelopment;
(9) A statement of such continuing controls as may be deemed necessary to effectuate the purposes of this act.
(d) In conformity with such redevelopment area plan, the Authority shall prepare a proposal for the redevelopment of all or part of such area. The Authority may, if it deems it desirable, hold public hearings prior to its final determination of the redevelopment proposal.
(e) The Authority shall submit the redevelopment proposal to the planning commission for review. The planning commission shall, within forty-five days, certify to the governing body its recommendation on the redevelopment proposal, either of approval, rejection or modification, and in the latter event, specify the changes recommended.
(f) Upon receipt of the planning commission’s recommendation, or at the ex*142 piration of forty-five days, if no recommendation is made by the planning commission, the Authority shall submit to the governing body the redevelopment proposal with the recommendation, if any, of the planning commission thereon.
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(i) Upon approval by the governing body of the redevelopment proposal, as submitted by the Authority, the Authority is authorized to take such action as may be necessary to carry it out.
Again, as can be seen, what the redevelopment plan is concerned with is the physical characteristics of the property. And again, nothing in this provision authorizes a redevelopment plan that allows the taking of property based on the status of who owns the property; instead, it focuses only on what property needs to be taken to effectuate the plan and cure blight which has nothing to do with a property owner’s status. Accordingly, because nothing in the Urban Redevelopment Law provides that property can be taken based on the status of the owner, I would reverse the trial court’s order and grant the Arring-tons’ preliminary objections.
. Act of May 24, 1945, P.L. 991, as amended, 35 P.S. §§ 1701-1719.2.
. It is ironic that the Plan proposes to construct a high density apartment complex in the blighted area.
. Even if the Urban Redevelopment Law provided that rental properties could be taken, I would strike it down as unconstitutional as violating equal protection because no rational reason exists for the distinction between owner-occupied and rental property.
Reference
- Full Case Name
- In the Matter of CONDEMNATION BY THE URBAN REDEVELOPMENT AUTHORITY OF PITTSBURGH of Certain Land in the Third Ward of the City of Pittsburgh, Allegheny County, Pennsylvania. Terrance Arrington and Rhonda L. Arrington, His Wife, Appellants, v. Urban Redevelopment Authority of the City of Pittsburgh
- Cited By
- 6 cases
- Status
- Published