PRINTER'S NO. 371
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.402
Session of
2025
INTRODUCED BY STAMBAUGH, JANUARY 28, 2025
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 28, 2025
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in organization of independent administrative
boards and commissions, further providing for Agricultural
Lands Condemnation Approval Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 306(a), (c) and (d)(1) of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929, are amended to read:
Section 306. Agricultural Lands Condemnation Approval
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29 Board.--(a) The Agricultural Lands Condemnation Approval Board
is hereby created as an independent administrative board and
shall be made up of six (6) members, consisting of the Director
of the Office of Policy and Planning, or his designee, the
Secretary of Agriculture, or his designee, the Secretary of
Environmental [Resources] Protection, or his designee, the
Secretary of Transportation, or his designee, and two active
farmers appointed by the Governor, with the advice and consent
of a majority of the Senate, for a term of four (4) years. The
Secretary of Agriculture may select an alternate active farmer
to serve in the absence of a farmer member of the board. An
alternate active farmer shall serve for the appointed term of a
farmer member of the board. A person may not serve as an
alternate active farmer for more than one farmer member of the
board. The Secretary of Agriculture shall be chairman of such
[committee] board and shall convene the [ committee] board from
time to time as needed to carry out its duties. The [ farm]
farmer members of the [committee] board and alternate active
farmers shall be reimbursed for actual expenses incurred in the
performance of their duties. Such expenses and any others
incurred by the [committee] board shall be paid for from
appropriations made to the [ Office of State Planning and
Development] State Planning Board .
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(c) The board shall have sixty (60) days in which to
determine whether there is a feasible and prudent alternative to
the condemnation. If the board determines that there is no
feasible and prudent alternative, or if the board fails to act
within sixty (60) days of receipt of the request, the requesting
body may proceed to condemn; otherwise, the condemnation shall
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30 not be effected. The failure of the chairman to convene a
meeting of the board shall not constitute a failure to act on a
condemnation request.
(d) The board shall have jurisdiction over condemnation for
the following purposes:
(1) Highway purposes[ , but not including activities relating
to existing highways such as, but not limited to, widening
roadways, the elimination of curves or reconstruction ].
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Section 2. This act shall take effect in 60 days.
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