Pennsylvania House Bill HB402

Pennsylvania 2025-2026 Regular Session

• Introduced: 1/28/25
• Refer: 1/28/25

Caption

In organization of independent administrative boards and commissions, further providing for Agricultural Lands Condemnation Approval Board.

Impact

The proposed amendment would lead to a more structured review process for condemning agricultural lands, potentially leading to more stringent checks on the authority granted to state agencies in land condemnation cases. The establishment of clear membership and procedural guidelines could help address issues of transparency and accountability, directly impacting the relationships between the state government, local governments, and farmers. Furthermore, it may influence the level of scrutiny regarding environmental implications tied to land use changes engendered by condemnation activities.

Summary

House Bill 402, introduced in Pennsylvania in 2025, seeks to amend the Administrative Code of 1929 with the intention of restructuring and providing more oversight to the Agricultural Lands Condemnation Approval Board. This independent administrative board is tasked with reviewing and approving condemnations of agricultural lands for various purposes, particularly related to transportation. The bill aims to enhance the operational framework of the board, including the appointment process for its members and their responsibilities in ensuring that condemnations are justified and conducted appropriately under state law.

Sentiment

Discussions surrounding HB 402 are expected to reflect a mix of support and opposition. Proponents, including agricultural advocates and environmental organizations, may view the bill as a necessary step towards protecting agricultural lands from premature or unjustified condemnation. They argue that the bill will secure farmers' rights and preserve essential farming resources. Conversely, critics may express concerns that while the bill appears beneficial, it could slow down necessary infrastructure projects or complicate the state's ability to address pressing development needs, particularly in transportation.

Contention

Key points of contention in debates over HB 402 may revolve around the balance between regulatory oversight and administrative efficiency. Stakeholders may debate whether the increased scrutiny of the board's decisions adequately protects agricultural lands while still allowing for timely and necessary condemnations. Additionally, the interests of local governance might clash with state-level directives, thereby highlighting ongoing tensions between state and local authority in land use management.