House Appropriations Committee Reports

Reports provided by PA Legislative Services

4-4-06

The HOUSE APPROPRIATIONS COMMITTEE met 4-4-06 to consider SB 881 Piccola - (PN 1414), which amends Title 26 (Eminent Domain) adding a chapter entitled the Property Rights Protection Act. The legislation prohibits the exercise by any condemnor of the power of eminent domain to take private property in order to use it for private enterprise. The prohibition would not apply if: (1) the condemnee consents to the use of the property for private commercial enterprise or the condemnee does not file or does not prevail on preliminary objection filed to a declaration of taking for the acquisition of condemnee's property; (2) the property taken is transferred or leased to a common carrier or a private entity that occupies an incidental area within a public project; (3) there is, on or associated with the property taken, a threat to public health or safety; (4) the property taken is abandoned; or (5) the property taken meets the requirements of section 205 (relating to eminent domain in redevelopment areas). For purposes of acquiring a single unit of property by eminent domain, a condemnor may declare an area, either within or outside of a redevelopment area, to be blighted only if the property is any of the following: (1) a premises which is regarded as a public nuisance at common law or has been declared a public nuisance; (2) a premises which is considered an attractive nuisance to children; (3) a dwelling which is unfit for human habitation; (4) a structure which is a fire hazard or is otherwise dangerous to the safety of persons or property; (5) a structure from which the utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed or rendered ineffective so that the property is unfit for its intended use; (6) any vacant or unimproved lot or parcel of ground in a predominantly built-up neighborhood which, by reason of neglect or lack of maintenance, has become a place for accumulation of trash and debris or a haven for vermin; (7) an unoccupied property which has been tax delinquent for a period of two years; (8) a property which is vacant but not tax delinquent and which has not been rehabilitated within one year of the receipt of notice to rehabilitate from the appropriate enforcement agency; (9) an abandoned property; (10) defective or unusual conditions of title or no known owners rendering title unmarketable; or (11) environmentally hazardous conditions, solid waste pollution or contamination in a building or on the land which poses a direct and immediate threat to the health, safety and welfare of the community. For purposes of acquiring multiple units of property by eminent domain, a condemnor is authorized or permitted to declare an area, either within or outside of a redevelopment area, to be blighted only if a majority of the units of property meet certain requirements and represent a majority of the geographical area or if properties representing a majority of the geographical area meet certain conditions. A condemnor may use eminent domain to acquire any unit of property within a blighted area so declared pursuant to this section. Lastly, the bill provides that no political subdivision would exercise eminent domain authority against land that is situated in another political subdivision without the approval by resolution of the governing body of the political subdivision in which the land is situated. (Prior Printer Number: 1180, 1368, 1402) - The bill was unanimously reported as committed. A06954, by Grell, was distributed but not discussed. Chairman Brett Feese (R-Lycoming) indicated the amendment will be offered on the House Floor.