Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1106

Introduced
5/5/23  

Caption

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.

Impact

The enactment of HB 1106 would likely streamline the procedures for eminent domain cases, ensuring a more consistent approach to how notices are delivered and how damage assessments are conducted. This may enhance the legal clarity for both property owners and governing bodies, potentially reducing disputes over the interpretation of notification processes. Furthermore, the bill could improve the efficiency of the condemnation process, which is an essential element of public projects that necessitate property acquisition.

Summary

House Bill 1106 seeks to amend Title 26 (Eminent Domain) of the Pennsylvania Consolidated Statutes, making specific changes to the procedures regarding the condemnation process. The bill details amendments for the notification requirements for the condemnee, the appointment of viewers to assess damages, and the service of notices related to views and hearings. These changes aim to provide clearer guidelines on how notices are served and ensure that all parties involved in the condemnation process are adequately informed. By standardizing these procedures, the bill seeks to facilitate a more efficient condemnation process in Pennsylvania.

Sentiment

The general sentiment surrounding HB 1106 appears to be pragmatic, with support emerging from members who see the need for clearer procedural guidelines within eminent domain law. While specific support or opposition from advocacy groups may not have been highlighted, the bill suggests a desire among lawmakers to address existing ambiguities. This may indicate an understanding of the sensitivity surrounding property rights and a willingness to establish more reliable processes that can protect the interests of condemnees.

Contention

Notably, the bill could face contention surrounding the rights of property owners, especially in regards to how notices are served and the timeframes provided for responses. Critics may raise concerns regarding the adequacy of the notice periods and whether the amendments adequately protect the interests of individuals whose properties are being condemned. The balance between facilitating governmental projects and upholding property rights remains a delicate issue, and discussions around this bill may highlight differing perspectives on these fundamental tensions.

Companion Bills

No companion bills found.

Previously Filed As

PA HB247

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 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 HB1464

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.

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 HB1039

Further providing for notices of taxes.

PA HB2513

Further providing for notices of taxes.

PA SB94

Adoption, Minor Adoption Code and Adult Adoption Code revised, procedures related to investigations, service of notice, and revocation of consent further provided for, duties of Department of Human Resources further provided for

PA HB190

Adoption, Minor Adoption Code and Adult Adoption Code revised, procedures related to investigations, service of notice, and revocation of consent further provided for, duties of Department of Human Resources further provided for

PA HB99

In preliminary provisions, further providing for definitions; in access, further providing for open-records officer, for appeals officer, for regulations and policies, for uniform form, for requests and for retention of records and providing for inmate access; in procedure, further providing for written requests, for redaction, for production of certain records and for exceptions for public records; in agency response, further providing for extension of time and providing for relief from vexatious requesters; in appeal of agency determination, further providing for filing of appeal and for appeals officers; in judicial review, further providing for court costs and attorney fees, for civil penalty, for fee limitations and for Office of Open Records; and, in miscellaneous provisions, further providing for relation to other laws.

PA HB3178

Condemnation; requiring certain notice and hearing; requiring the appointment of appraisers; emergency.

Similar Bills

No similar bills found.