Philly Gardens: Council passed legislation to take over the Land Bank

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The Philadelphia Land Bank will continue to have priority over other bidders when purchasing tax-delinquent land through a sheriff sale, under a bill passed unanimously by the City Council on Thursday. Tax sales in Philadelphia have been on hold for years, but may resume this summer.

Supporters see the bill as key to saving community garden lands – most of which are not owned by gardeners – from development.

“We have seen residents who have struggled with decades of disinvestment in our neighborhoods take the initiative to clean up abandoned lots and transform them into vibrant community spaces through gardening,” said Councilwoman Kendra Brooks, a co-sponsor of the bill, during a committee hearing last week . “In the absence of this official legislation, many of our local gardeners are considered tenants by the city.”

Land insecurity is a major issue facing growers in Philadelphia, as stated in the city’s 2023 plan to support urban agriculture. Since 2008, at least 140 gardens in the city have been lost, some due to development. It is estimated that every third active garden and farm is located in rapidly developing areas of the city.

“Nothing we grow or build … is sustainable unless we own the land,” Michael Gonzalo Moran, an Iglesias Garden board member, testified last week. He said the gardens bring peace and quiet to the Norris Square area. “If this land is taken away from us, what have we done except make some memories?”

Philadelphia’s most active gardens and farms are located in areas with high levels of poverty and in areas where more than half of residents are people of color, according to the city plan.

“It’s an environmental issue, it’s a public safety issue and it’s a racial justice issue,” Brooks said.

The Municipal Land Bank acquires vacant, arrears land through sheriff sales and sells the properties to private buyers. It can donate land at nominal prices or at a reduced price if it will be used for specific purposes, including affordable housing and community gardens. In some situations, state law gives land banks priority over other bidders when purchasing land.

The bill passed Thursday allows other interested parties to require open bidding when the Land Bank seeks to exercise its right to be the sole bidder at a sheriff sale. It also allows previous owners to redeem property acquired by the Land Bank at a sheriff sale if the previous owner is able to repay the Land Bank within 60 days.

These changes allow the Land Bank to “lawfully exercise its priority bidding authority under state law,” Land Bank Executive Director Angel Rodriguez said during last week’s commission hearing.

“The Administration, the City Solicitor and the Philadelphia Land Bank developed and introduced this legislation so that the Philadelphia Land Bank can resume fulfilling an important part of its intended mission of returning tax delinquent, vacant and underutilized properties to productive use,” Rodriguez said.

Tax sales were suspended for about three years. Mayor Cherelle Parker announced in her spring budget speech that her legal department is working with Sheriff Rochelle Bilal to prepare for the resumption of sales, which is expected to happen by July 1.