Wednesday, June 20, 2018

Senate Committee OKs Bill To Limit Eminent Domain Use On Land Protected By Conservation Easements

The Senate Local Government Committee Wednesday 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 Senate action comes little more than 24 hours after the House Tuesday voted 179 to 18 to pass the bill.
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).
A House Fiscal Note and summary is available.
The bill now goes to the full Senate for action.
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