Signed by Governor Tom Wolf

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).

Full Bill Text

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).

Full Bill Text