Pennsylvania House Bill HB2538

Pennsylvania 2023-2024 Regular Session

• Introduced: 8/21/24
• Refer: 8/21/24

Caption

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.

Impact

The bill is expected to significantly influence state law regarding property taken under eminent domain. By clarifying definitions and establishing new requirements for notification and just compensation, it seeks to provide greater transparency for property owners. Additionally, it offers protections for business owners by allowing compensation for loss of goodwill and ensures that damages are fairly calculated. This could lead to more consistent application of eminent domain laws across Pennsylvania, making it critical for state agencies and acquiring entities to adhere to these new standards.

Summary

House Bill 2538 proposes amendments to Title 26 (Eminent Domain) of the Pennsylvania Consolidated Statutes. Its aim is to enhance the procedures surrounding property condemnation, particularly focusing on the declaration of taking, just compensation, and other related processes. Notably, the bill defines key terms such as 'blighted property' and 'comparable replacement dwelling' and establishes protocols for notifying affected parties prior to initiation of condemnation. It emphasizes the protection of property owners' rights while aiming to streamline the condemnation process.

Sentiment

Discussions surrounding HB 2538 reflect a mix of support and concern. Proponents argue that the bill offers necessary protections for property owners and ensures fairness in the condemnation process. They believe the changes could prevent misuses of eminent domain, especially against marginalized communities. Conversely, critics fear that the amendments may complicate an already complex process, possibly delaying necessary public projects. The sentiment reflects a need to balance property rights and public needs thoughtfully.

Contention

Key points of contention in HB 2538 involve the determination of last resort and how it applies to different types of properties, particularly blighted cases versus other condemnation scenarios. While supporters advocate for stricter criteria to prevent unjust takings, critics express concerns about the potential for these provisions to slow down redevelopment efforts in areas needing improvement. The requirement for courts to rigorously evaluate if the exercise of eminent domain is indeed the last resort could create additional legal hurdles for municipalities and agencies seeking to utilize these powers.