HOUSING REPLACEMENT AUTHORIZATION ACT - REPEALED — 1972 Pa. Act 304 (historical enacted text)

Historical Act text

AN ACT
3 eminent domain therefor and to encourage and facilitate
4 construction or rehabilitation of replacement housing by
5 making loans and grants for planning and obtaining mortgage
6 financing.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short Title.--This act shall be known as the
10 "Housing Replacement Authorization Act."
11 Section 2. Definitions.--As used in this act:
12 (1) "Acquiring agency" means any entity vested with the
13 power of eminent domain by the laws of the Commonwealth,
14 including the Commonwealth.
15 (2) "Displaced person" means any condemnee or other person
16 not illegally in occupancy of real property who moves or moves
17 his personal property as a result of the acquisition for a
18 program or project of such real property, in whole or in part,
19 or as the result of written notice from the acquiring agency of
20 intent to acquire or order to vacate such real property.
21 (3) "Program or project" means any program or project
22 undertaken by or for an acquiring agency as to which it has the
23 authority to exercise the power of eminent domain.
24 Section 3. Housing Replacements by Acquiring Agency as Last
25 Resort.--(a) If comparable replacement sale or rental housing is
26 not available in the neighborhood or community in which a
27 program or project is located and such housing cannot otherwise
28 be made available, as so certified by the county commissioners
29 or, in cities of the first class, by the city council, the
30 acquiring agency may purchase, construct, reconstruct or
1 otherwise provide replacement housing by use of funds authorized
2 for such program or project and for such purpose may exercise
3 its power of eminent domain to acquire property in fee simple or
4 such lesser estate as it shall deem advisable.
5 (b) Replacement housing provided under this act may be sold,
6 leased, or otherwise disposed of by the acquiring agency for or
7 without consideration, to displaced persons or to nonprofit,
8 limited dividend or cooperative organizations or public bodies,
9 on such terms and conditions as the acquiring agency shall deem
10 necessary and proper to effect the relocation of persons
11 displaced by a program or project.
12 (c) The acquiring agency may contract with other public
13 agencies, private individuals, partnerships, corporations and
14 unincorporated associations for the financing, planning,
15 acquisition, development, construction, management, sale, lease
16 or other disposition of replacement housing provided under this
17 act.
18 Section 4. Planning and Other Preliminary Expenses for
19 Replacement Housing.--In order to encourage and facilitate the
20 construction or rehabilitation of housing to meet the needs of
21 displaced persons, any governmental acquiring agency is
22 authorized to make loans and grants to nonprofit, limited
23 dividend or cooperative organizations or public bodies for
24 necessary and reasonable expenses, prior to construction, for
25 planning and obtaining mortgage financing for the rehabilitation
26 or construction of housing for such displaced persons. Such
27 loans and grants shall be made prior to the availability of
28 financing, for such items as preliminary surveys and analyses of
29 market needs, preliminary site engineering, preliminary
30 architectural fees, legal, appraisal and organizational fees,
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1 site acquisition, application and mortgage commitment fees,
2 construction loan fees and discounts, and similar items. Loans
3 to an organization established for profit shall bear interest at
4 market rate determined by the acquiring agency. All other loans
5 and grants shall be without interest. The acquiring agency shall
6 require repayment of loans and grants made under this section,
7 under such terms and conditions as it may require, upon
8 completion of the project or sooner; however, except in the case
9 of a loan to an organization established for profit, the
10 acquiring agency may cancel any part or all of a loan and may
11 cancel the repayment provisions of a grant if it determines that
12 a permanent loan to finance the rehabilitation or the
13 construction of such housing cannot be obtained in an amount
14 adequate for repayment of such loan.
15 Section 5. Availability of Funds.--Funds, including motor
16 license funds and other special funds, appropriated or otherwise
17 available to any acquiring agency for a program or project,
18 which results in the displacement of any person on or after
19 January 2, 1971, shall be available also for obligation and
20 expenditure to carry out the provisions of this act.
21 Section 6. Effective Date.--This act shall take effect
22 immediately.
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