Senate Approves Piccola Eminent Domain Legislation
Assistant Director of Government Affairs
Pennsylvania Association of REALTORS®
On October 13, members of PAR stood with Senator Jeffrey Piccola (R-Dauphin) to announce support for legislation that would strengthen the practice of allowing the government to seize private land only for public use, such as schools, bridges, and roadways. The state Senate has passed Senate Bill 881 by a vote of 49-0 and the bill is currently under consideration by the state House of Representatives.
Senator Piccola’s legislation was introduced in reaction to the United States Supreme Court decision this summer, Kelo v. City of New London, which ruled that governments can seize property to make room for private development projects that promise to boost the local economy.
Senate Bill 881 would prohibit the use of eminent domain for private economic development while continuing to allow cities in Pennsylvania to retain flexibility in blighted areas. The longstanding ability to condemn abandoned, dangerous, or severely tax-delinquent properties remains intact, however, the legislation tightens the definition of “blight” by providing that a majority of the property in an area must be blighted in order to use eminent domain. Current law states that an area can be razed if 10 or 15 percent of its buildings are blighted.
In November, the House passed in a 172-25 vote, similar legislation introduced by Representative Glen Grell (R-Cumberland). House Bill 2054 seeks to prohibit the seizure of private property for private development unless the owner consents, the property is a threat to public health and safety, is abandoned, or is tax-delinquent. It also would require that the majority of properties in an area be blighted before the area can be considered for redevelopment. The legislation is currently before the Senate State Government Committee for consideration.
The PAR Board of Directors approved a Policy Statement on Eminent Domain during the September Business Meetings. The statement may be accessed on the PAR Web site at www.parealtor.org.