The House Local Government Committee Tuesday unanimously approved and reported out House Bill 2468 limiting the use of eminent domain by government agencies on land with conservation easements for parks and open space purposes.
The bill was amended to apply to any declaration of taking filed since January 1, 2018.
Two school districts in the state-- Cumberland Valley in Cumberland County and Lower Merion in Montgomery County-- have decided to use eminent domain to condemn privately-owned land permanently preserved by conservation easements held by local land trusts, over the objections of many residents of the communities. Other suitable non-preserved land in each vicinity is available, according to the bill sponsors.
The bill would require any government agency to obtain Orphans’ Court approval before using eminent domain to take permanently preserved land. The procedure is similar to that found in the Agricultural Area Security Law which requires additional scrutiny before condemnation of agricultural lands. The Orphans’ Court is given authority in the Donated and Dedicated Property Act over certain transactions related to publicly owned lands held for public uses.
The bill was introduced by Representatives Warren Kampf (R-Chester), Kate Harper (R-Montgomery) and Marcy Toepel (R-Montgomery).
Click Here to watch a video of the meeting.
Rep. Kate Harper (R-Montgomery) serves as Majority Chair and can be contacted by calling 717-787-2801 or by sending email to: kharper@pahousegop.com. Rep. Robert Freeman (D-Lehigh) serves as Minority Chair and can be contacted by calling 717-783-3815 or sending email to: rfreeman@pahouse.net.
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