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Solicitor tells applicant to petition for formal street vacation; Penn Home & Farm plan tabled
Summary
Penn Home & Farm LLC’s side-lot proposal was tabled after Solicitor Gary Falatovich advised that a formal petition to vacate an unimproved 50-foot paper street is required; the applicant’s counsel’s 21-year reversion theory was rejected by the Solicitor.
Tom Spears of Penn Home & Farm LLC presented a plan to add Lot 1 to John & Patricia Kilpatrick’s property and Lot 2 (half of an unimproved 50-foot street) to Penn Home & Farm. The street originates in a 1962 Garden Courts Plan of Lots; the applicant’s counsel asserted the adjoining owners acquire title automatically if a municipality fails to open the road within 21 years.
Solicitor Gary Falatovich told the Commission that assertion was incorrect, saying the state law does not recognize automatic reversion by inaction and that "the mere fact that a Municipality does not open an unimproved street does not constitute what the Supreme Court has called a de facto vacation." He advised the owners to petition the Board of Supervisors to vacate the full 50-foot right-of-way, which would trigger public hearing and notice procedures and require an ordinance should the Supervisors agree to vacate. The Commission recommended tabling the plan and suggested the applicant consider filing a time waiver because the Supervisors have until July 13 to act under the 90-day timeline.
Commissioners unanimously voted to table the plan and directed the applicant to pursue the formal vacation process before resubmitting.
