Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB1464

Introduced
5/14/25  

Caption

In general provisions, further providing for definitions; in procedure to condemn, providing for advanced notice to condemnee, further providing for notice to condemnee and for preliminary objections and providing for determination of last resort; in procedure for determining damages, further providing for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages and providing for compensation for loss of goodwill of business or farm operation; and, in evidence, providing for proof of continuous ownership.

Impact

The bill modifies the procedures for determining compensation for property taken under eminent domain. It allows business or farm owners to seek compensation for loss of goodwill associated with their operations if certain conditions are met, such as proving a causal link between the property taking and loss of business value. This could have significant implications for how property rights are protected and how damages are assessed in future eminent domain cases, particularly for small business owners who may feel the financial strain of losing goodwill.

Summary

House Bill 1464 aims to amend Title 26 of the Pennsylvania Consolidated Statutes concerning eminent domain. The bill introduces provisions for advanced notice to condemnees, stipulating requirements for notifying property owners about potential condemnations. It mandates that an acquiring agency must inform proposed condemnees at least 30 days prior to filing a declaration of taking, ensuring they are aware of their rights, the condemnation process, and the last resort nature of eminent domain. This emphasizes the bill's intention to enhance transparency and fair treatment of property owners.

Sentiment

The sentiment surrounding HB 1464 appears to be mixed. Proponents argue that the legislation enhances the rights of property owners and reinforces the need for fairness in the eminent domain process, particularly emphasizing the rights of marginalized communities that might be disproportionately affected by property takings. Conversely, opponents may view it as complicating the eminent domain process, arguing that it could delay necessary developments or projects aimed at public benefit in the community.

Contention

Notable contentions surrounding the bill include debates over the balance between community development needs and individual property rights. Concerns about adequately compensating for goodwill loss could lead to challenges in how agencies assess damages. Additionally, some stakeholders fear that overly stringent requirements for proving good faith negotiation and compensations might hinder public projects intended for community enrichment, such as infrastructure improvements.

Companion Bills

No companion bills found.

Previously Filed As

PA HB2538

In general provisions, further providing for definitions; in procedure to condemn, further providing for declaration of taking, for security required and for recording notice of condemnation, providing for advanced notice to condemnee and further providing for notice to condemnee, for preliminary objections, for possession, right of entry and payment of compensation and for revocation of condemnation proceedings; in procedure for determining damages, further providing for petition for appointment of viewers, for report of viewers, for allocation of damages and for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages, for condemnee's costs where no declaration of taking filed and for limited reimbursement of appraisal, attorney and engineering fees and providing for coverage of mortgages and liens and for compensation for loss of goodwill of business or farm operation; and, in evidence, providing for proof of continuous ownership.

PA SB800

In procedure to condemn, providing for advanced notice to condemnee; and, in just compensation and measure of damages, providing for compensation for loss of goodwill of business or farm operation.

PA HB1106

In procedure to condemn, further providing for notice to condemnee; and, in procedure for determining damages, further providing for appointment of viewers and for service of notice of view and hearing.

PA SB861

Further providing for damages.

PA HB1180

In preliminary provisions, further providing for definitions; and, in compensation, further providing for persons eligible for compensation.

PA HB1765

In preliminary provisions, further providing for definitions; in contributions by employers and employees, further providing for trigger determinations and for trigger rate redeterminations; in compensation, further providing for qualifications required to secure compensation, for ineligibility for compensation and for rate and amount of compensation; in determination of compensation, appeals, reviews and procedure, further providing for determination of compensation appeals; in Unemployment Compensation Amnesty Program, further providing for definitions; and, in amnesty program, further providing for definitions.

PA HB756

In preliminary provisions, further providing for definitions; in contributions by employers and employees, further providing for relief from charges; and, in compensation, further providing for ineligibility for compensation.

PA SB210

In preliminary provisions, further providing for definitions; in procedure, further providing for written requests; and, in judicial review, further providing for fee limitations.

PA HB1342

In preliminary provisions, further providing for definitions; and, in procedure, further providing for exceptions for public records.

PA HB2559

In damages by action at law, further providing for recovery; in liability and compensation, further providing for schedule of compensation, repealing provisions relating to computation of benefits and providing for computation of benefits; in procedure, further providing for compromise and release, for collective bargaining agreement and for workers' compensation insurance; in additional coverages, further providing for irrebuttable presumption; in Self-Insurance Guaranty Fund, further providing for definitions and for prefund account; and, in Uninsured Employers Guaranty Fund, further providing for definitions.

Similar Bills

PA HB2538

In general provisions, further providing for definitions; in procedure to condemn, further providing for declaration of taking, for security required and for recording notice of condemnation, providing for advanced notice to condemnee and further providing for notice to condemnee, for preliminary objections, for possession, right of entry and payment of compensation and for revocation of condemnation proceedings; in procedure for determining damages, further providing for petition for appointment of viewers, for report of viewers, for allocation of damages and for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages, for condemnee's costs where no declaration of taking filed and for limited reimbursement of appraisal, attorney and engineering fees and providing for coverage of mortgages and liens and for compensation for loss of goodwill of business or farm operation; and, in evidence, providing for proof of continuous ownership.

SD HB1246

Establish a pre-condemnation process and to require reclamation and restoration of property damaged by condemnation.

NJ A5884

Prohibits condemnation of farmland actively supporting agricultural or horticultural production for purpose other than agricultural or horticultural production.

NJ S1090

Requires "just compensation" for condemnation of single-family residence to be based on cost of comparable relocation properties within 20 mile radius.

NJ A911

Specifies just compensation when property is condemned for use by profit-making entity.

NJ A2520

Specifies just compensation when property is condemned for use by profit-making entity.

KY SB171

AN ACT relating to eminent domain.

KY HB630

AN ACT relating to eminent domain.