3 things to know about the new Pa. law that could help Philly gardeners own the land they steward
The law lowers the bar for “adverse possession.” It’s part of recent moves to improve garden land security.
By Sophia Schmidt
WHYY PBS
July 17, 2024
Excerpt:
“Many Philadelphia community gardens face the threat of being kicked off vacant land they’ve taken care of for many years — lots that would otherwise sit abandoned in the middle of their neighborhoods,” said Ryan Gittler-Muñiz, environmental justice organizer for the Public Interest Law Center — a nonprofit that pushed for the change — in a written statement. “This is a real step forward that recognizes the profound contributions that people who built these spaces have made for our city.”
The law, signed by Governor Josh Shapiro earlier this month, makes it easier for Philly gardeners to gain ownership of land using a legal tool called adverse possession.
“Adverse possession is something that’s been around for an incredibly long time,” said Mimi McKenzie, legal director with the Public Interest Law Center, which has represented several gardens seeking land ownership under the old version of the law. “It’s all grounded in the idea that it’s really important for land to be in use.”
To gain ownership through adverse possession, a gardener or organization must care for a parcel of land for a certain period of time, and then file for title to the property.
Pennsylvania currently requires gardeners to hold possession of a property for 21 years before they can seek adverse possession.
The new law, which goes into effect in September, shortens that period for active gardens to 10 years — five of which the land must have been used as a garden. The gardener must then notify the owner of the property, who has one year in which to dispute the gardener’s claim.
Read the complete article here.
Source: https://cityfarmer.info/3-things-to-know-about-the-new-pa-law-that-could-help-philly-gardeners-own-the-land-they-steward/
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