Follow up to the Carbondale Vacant Property Post.

I received this question: You had that article on Carbondale, is it legal for them to exercise an additional fee above tax's on vacant land? I felt the response warranted posting an amended post.
 


By no means is this legal advice and nor can I state if I think it is “Legal” but I can tell you what I have found in other areas and what I as a citizen think is fair. Nuisance abatement laws are a new instrument that many municipalities are attempting to enforce. Depending on how they are drafted, some owners question the constitutionality of the law. Assuming the laws is properly drafted it is in my humble opinion (not that my opinion carries any legal weight) that a vacant parcel of land can potentially present a Nuisance to adjacent properties if it is not kept and maintained in a manner consistent with city code. Vacant parcels can be home to stray animals, debris, etc. To me the question is, “is it fair to impose a tax/fee on a land owner if the property they own potentially posses the capability of becoming a nuisance?” I due fee the municipalities need to monitor nuisances and potentials nuisances but should the cost of that be passed to everyone in the jurisdiction or should the individual landowner be subject to the cost. It seems fair to charge all for the landowners for the oversight and monitoring of the properties and then only penalize the offenders (actual nuisances) for the additional burden of enforcement. From the city aspect, how do you resolve the additional cost of the monitoring of the potential nuisances?

As for now there is a law on the books it is being enforced if someone feels that their rights are being infringed upon or that the law is someway in violation of state or federal law I would advise them to seek the advice of an attorney. Keep in mind there are some exceptions to the fees, such as if they are currently trying to sell the property, or major construction on the property. They can apply for a waiver but if it is just vacant land sitting idle they may be stuck with a fee. Also keep in mind that Carbondale is governed under Home Rule Charter so they can levy taxes a bit different that other municipalities so they could abolish the registration fee and conceivably just raise taxes….




An interesting scenario might be two adjunct properties owned by the same person separately deeded and separate tax map numbers one has a structure and one is vacant… is the vacant property subject to the fee? Many laws are passed with good intentions but passed in haste or without full thought of all possible “issues”. I am a firm believer that municipalities should consult with real estate professionals that are knowledgeable in these matters. They often seek the guidance of attorneys which happen to be “generalists” in the law but when it comes to real estate matter they sometimes lack the knowledge of this specialty.

 
I hope that helps…



Peter N. Lamandre is a Licensed Real Estate Broker, Consultant, Speaker, Mentor and Licensed Real Estate Instructor in Scranton Pennsylvania. He currently owns and operates Better by Design Real Estate, LLC a full service Real Estate Brokerage in Scranton, PA. One of the areas of specialty for Better by design Real Estate, LLC is property Management. Peter is a member of IREM (Institute of Real Estate Management), the National Association of REALTORS®, the Pennsylvania Association of REALTORS® and the Greater Scranton Board of REALTORS® where he services on various committees and taskforces. Peter can be contacted at his office at (570) 969-2105 or by visiting BetterByDesignRE.com. Nothing Contained within this post shall constitute the creation of an agency relationship between Better by Design Real Estate, LLC and the reader of this post. An agency relationship shall only be created upon mutual written agreement. The Real Estate Law requires that I provide you with a written consumer notice that describes the various business relationship choices that you may have with a real estate licensee. Since we are discussing real estate without you having the benefit of the Consumer Notice, I have the duty to advise you that any information you give me at this time is not considered to be confidential, and any information you give me will not be considered confidential unless and until you and I enter into a business relationship. At our first meeting I will provide you with a written consumer notice which explains those business relationships and my corresponding duties to you. Nothing contained within this post shall be construed as providing legal advice. Anyone with specific questions regarding legal matters should consult the advice of a licensed attorney.