§ 208 — Eminent domain of land subject to conservation easement

Pennsylvania § 208

• Jurisdiction: Pennsylvania
• Title 26: EMINENT DOMAIN
• Ch. 2: LIMITATIONS ON USE OF EMINENT DOMAIN

Text

(a) Approval required.--Except as provided in subsection (g), no political subdivision, authority, public utility or other body having or exercising powers of eminent domain shall condemn any land subject to a conservation easement for any purpose, unless prior approval has been obtained from the orphans' court of the county in which the land is located. The condemnation approval specified by this subsection shall not be required for an underground public utility facility that does not permanently impact the open space benefits protected by the conservation easement. The condemnation approval specified by this subsection shall not be required for any public utility facility or other project that is subject to approval by a Federal agency, the necessity for the propriety and environmental effects of which has been reviewed and ratified or approved by the Pennsylvania Public Utility Commission or the Federal Energy Regulatory Commission, regardless of whether the right to establish and maintain such underground or other public utility facility is obtained by condemnation or by agreement with the owner.

(b) Determination of blight.--The exercise of eminent domain powers based on a condition of the land subject to a conservation easement shall not be authorized under section 205 (relating to blight) unless the orphans' court determines the exercise is necessary to protect the health and safety of the community.

(c) Notice.--Any condemnor wishing to condemn property, the approval for which is required under this section, shall, at least 30 days prior to taking such action, notify the orphans' court that the action is contemplated.

(d) Review.--The orphans' court shall review the proposed condemnation and approve the proposed condemnation only if the court determines there is no reasonable and prudent alternative to the utilization of the land subject to a conservation easement for the project.

(e) Findings and decisions.--The orphans' court shall render findings and decisions of the court's review under subsection (d) and shall report the findings and decisions to the proposed condemnor.

(f) Injunctions.--The orphans' court may request the Attorney General to bring an action to enjoin a condemnor from violating any provision of this section.

(g) Exceptions.--This section shall not apply to any of the following:

(1) Emergency projects where, in the discretion of the condemning entity, the taking is reasonably necessary for the protection of life or property.

(2) Condemnations by an agency of the Commonwealth for any purpose.

Legislative History

(June 24, 2018, P.L.345, No.45, eff. imd.) 2018 Amendment.Act 45 added section 208. See sections 3 and 4(2) in the appendix to this title for special provisions relating to severability and applicability.