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Key Votes

HB 2468 - Requires Court Order for Eminent Domain on Conserved Lands - Pennsylvania Key Vote

Timeline

Issues Related to HB 2468

Stage Details

Legislation - Signed (Executive) -

Title: Requires Court Order for Eminent Domain on Conserved Lands

Legislation - Concurrence Vote Passed (House) (177-15) - (Key vote)
See How Your Politicians Voted

Title: Requires Court Order for Eminent Domain on Conserved Lands

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires court approval before a government agency can take land that has been permanently preserved.

Highlights:

 

  • Prohibits a government agency, public utility, or any other entity authorized to exercise eminent domain from condemning land that is subject to a conservation easement, unless prior approval has been obtained from the orphans’ court of the county in which the land is located (Sec. 2).

  • Authorizes an orphans’ court to approve a proposed condemnation only if it determines there is no reasonable and prudent alternative to the utilization of land subject to a conservation easement (Sec. 2).

  • Exempts any project that is approved by the Pennsylvania Public Utility Commission or the Federal Energy Regulatory Commission (Sec. 2).

  • Exempts an underground public utility facility that will not permanently impact the open space benefits protected by the easement (Sec. 2).

  • Defines open space benefits as the benefits that result from the preservation or restriction of the use of predominantly undeveloped open spaces including (Sec. 2):

    • Forests and land being used to produce timber;

    • Parks and conservation sites;

    • Natural or scenic resources such as beaches or flood plains; and

    • Sites of historic, geologic, or botanic interest.

  • Specifies that this legislation is only applicable to condemnation procedures initiated on or after January 1, 2018 (Sec. 4).

Legislation - Bill Passed With Amendment (Senate) (37-12) - (Key vote)
See How Your Politicians Voted

Title: Requires Court Order for Eminent Domain on Conserved Lands

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass with amendment a bill that requires court approval before a government agency can take land that has been permanently preserved.

Highlights:

 

  • Prohibits a government agency, public utility, or any other entity authorized to exercise eminent domain from condemning land that is subject to a conservation easement, unless prior approval has been obtained from the orphans’ court of the county in which the land is located (Sec. 2).

  • Authorizes an orphans’ court to approve a proposed condemnation only if it determines there is no reasonable and prudent alternative to the utilization of land subject to a conservation easement (Sec. 2).

  • Exempts any project that is approved by the Pennsylvania Public Utility Commission or the Federal Energy Regulatory Commission (Sec. 2).

  • Exempts an underground public utility facility that will not permanently impact the open space benefits protected by the easement (Sec. 2).

  • Defines open space benefits as the benefits that result from the preservation or restriction of the use of predominantly undeveloped open spaces including (Sec. 2):

    • Forests and land being used to produce timber;

    • Parks and conservation sites;

    • Natural or scenic resources such as beaches or flood plains; and

    • Sites of historic, geologic, or botanic interest.

  • Specifies that this legislation is only applicable to condemnation procedures initiated on or after January 1, 2018 (Sec. 4).

Legislation - Bill Passed (House) (-) -

Title: Requires Court Order for Eminent Domain on Conserved Lands

Legislation - Introduced (House) -

Title: Requires Court Order for Eminent Domain on Conserved Lands

Co-sponsors

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