Pennsylvania House Bill HB453

Pennsylvania 2023-2024 Regular Session

• Introduced: 3/16/23
• Refer: 3/16/23

Caption

Further providing for limitation on certain governmental actions.

Impact

If enacted, HB 453 will strengthen protections for farmland in Pennsylvania by requiring a more rigorous review process for any proposed land condemnations within agricultural security areas. It modifies existing law to ensure that local governmental actions that could impact agricultural lands must first demonstrate necessity and consideration of alternatives. This move is designed to preserve farmland from potential development pressures and maintain the integrity of agricultural operations against encroachment by governmental projects. The implications of this bill could range from ensuring the sustainability of agricultural productivity to enhancing environmental conservation efforts in the state's rural areas.

Summary

House Bill 453 is a legislative proposal aimed at amending the Agricultural Area Security Law in Pennsylvania. This Act generally authorizes the establishment of agricultural areas and seeks to limit certain governmental actions related to the condemnation of land within these agricultural security areas. The bill revises the criteria that the Agricultural Lands Condemnation Approval Board must follow when reviewing proposed condemnations, explicitly stating that approval should only be granted if there is no reasonable alternative to utilizing the agricultural land for the project, and if the proposal does not have an unreasonably adverse effect on agricultural and municipal resources or the environment. Essentially, it seeks to protect agricultural lands from being overridden by governmental actions unless certain stringent conditions are met.

Sentiment

The sentiment around HB 453 among stakeholders is generally positive, particularly among agricultural advocates and farmers who see it as a necessary measure to secure their livelihoods and the integrity of agricultural land. Supporters argue that enhancing the protection of agricultural areas aligns with the state’s goals of sustainability and food security. However, concerns have been raised by urban development advocates and governmental entities about potential overreach in terms of land use regulation, suggesting that increased restrictions could hinder needed infrastructure developments or public projects.

Contention

Debates regarding HB 453 may center around the balance between land development and agricultural preservation. Opponents may argue that the stringent requirements for the condemnation of land could delay or obstruct necessary public works that serve broader community interests. Additionally, there may be disagreements on what constitutes a 'reasonable alternative' and who gets to make that assessment. Such conflicts highlight the ongoing tensions between agricultural land preservation and urban development needs, making HB 453 a focal point of discussion within Pennsylvania's legislative agenda.