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Key Votes

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

Austin Davis voted Yea (Concurrence Vote) on this Legislation.

Read statements Austin Davis made in this general time period.

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) (179-18) -

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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