Receivership for Abandoned Properties
We’re often asked, “How can we pursue nuisance abatement at a property when we can’t find its owner?” Abandoned or “orphan” properties are a large problem since the lack of basic maintenance magnifies problems over time. Yet, an enforcement agency can apply local and statewide building codes even if the owner of a nuisance property is out of the state, incarcerated, deceased, or simply unknown. Strategies available to municipalities and counties to address vacant or occupied orphan properties that have become nuisances includes the use of the health and safety receivership remedy.
What Counts as an Orphan Property?
A property for which there is no person (human or corporate) who claims ownership or responsibility, as well as associated nuisance conditions due to the lack of responsible oversight. These are not properties that have been left alone for a short period of time. These are properties that are abandoned long-term, where that abandonment is having an impact on the neighborhood because the lack of oversight is causing problems. This could include the following situations:
Deceased owner
Unlawful occupation or squatting
Incarcerated owner
Occupants who are related to the title holder but unable to maintain the property
Occupants with mental health issues
Dangerous conditions including criminal activity, physical decay of the property, increased fire risk, and interior and exterior hoarding
