PRINTER'S NO. 1419
No. 1147 Session of 1989
INTRODUCED BY BRIGHTBILL, STOUT, O'PAKE AND AFFLERBACH,
JULY 7, 1989
REFERRED TO STATE GOVERNMENT, JULY 7, 1989
AN ACT
1 Amending the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
2 entitled "An act to codify, amend, revise and consolidate the
3 laws relating to eminent domain," creating an Eminent Domain
4 Review Commission; and providing that a municipality or
5 authority may not condemn real estate or facilities outside
6 its geographical boundaries without consent of the host
7 municipality unless the commission grants approval of the
8 taking.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of June 22, 1964 (Sp.Sess., P.L.84,
12 No.6), known as the Eminent Domain Code, is amended by adding an
13 article to read:
14 ARTICLE IV-A
15 CONDEMNATION OF LAND OUTSIDE GEOGRAPHICAL BOUNDARIES
16 Section 451. Definitions.--The following words and phrases
17 when used in this article shall have the meanings given to them
18 in this section unless the context clearly indicates otherwise.
19 "Authority" means an authority incorporated and operated
20 under the act of May 2, 1945 (P.L.382, No.164), known as the
1 "Municipality Authorities Act of 1945."
2 "Commission" means the Eminent Domain Review Commission of
3 the Commonwealth.
4 "Host municipality" means a city, borough, incorporated town
5 or township, or a home rule municipality formerly classified as
6 a city, borough, incorporated town or township, where the real
7 estate or facility which is subject to the proposed condemnation
8 is located.
9 "Municipality" means a county, city, borough, incorporated
10 town, township or home rule municipality within this
11 Commonwealth.
12 Section 452. Written Permission Required Before Commencement
13 of Certain Proceedings.--Notwithstanding the provisions of this
14 act or any other law, no municipality or authority shall
15 commence condemnation proceedings to acquire any real estate or
16 any facility beyond its geographical boundaries without the
17 written permission of the governing body of the host
18 municipality unless the proceeding has been approved by the
19 commission, as provided in this article.
20 Section 453. Creation of Eminent Domain Review Commission.--
21 (a) The Eminent Domain Review Commission is hereby created. The
22 commission shall be comprised of eleven members as follows:
23 (1) One member appointed by the Majority Leader of the House
24 of Representatives.
25 (2) One member appointed by the Majority Leader of the
26 Senate.
27 (3) One member appointed by the Minority Leader of the House
28 of Representatives.
29 (4) One member appointed by the Minority Leader of the
30 Senate.
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1 (5) Seven members appointed by the Governor, one of whom
2 shall be a representative of a city, one of whom shall be a
3 representative of a county, one of whom shall be a
4 representative of a township, and one of whom shall be a
5 representative of a borough, with the remaining three being
6 representatives of the Commonwealth at-large.
7 (b) Members of the commission shall serve at the pleasure of
8 the appointing officer.
9 Section 454. Procedure.--(a) A municipality or authority
10 desiring to commence condemnation proceedings to acquire any
11 real estate or any facility beyond its geographical boundaries,
12 which has not received the written permission of the governing
13 body of the host municipality for such condemnation, shall
14 submit an application to the commission, in such form and
15 containing such information as the commission may prescribe,
16 requesting approval to commence the proceeding.
17 (b) Upon receipt of an application, as provided in
18 subsection (a), the commission shall promptly schedule a
19 hearing, giving due notice of such hearing to all affected
20 municipalities or authorities, and affording all parties an
21 opportunity to appear and present testimony.
22 Section 455. Approval or Disapproval by the Commission.--The
23 commission shall not grant approval to commence the condemnation
24 proceeding unless it finds, by clear and convincing evidence:
25 (1) that the municipality or authority seeking approval of
26 the proceeding has no reasonable opportunity to accomplish the
27 purposes for which the real estate or facility which would be
28 the subject of the proceeding would be used within its
29 geographical boundaries; and
30 (2) that the host municipality will not be substantially
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1 disadvantaged, either economically or socially, by the taking.
2 Section 2. All acts and parts of acts are repealed insofar
3 as they are inconsistent with this act.
4 Section 3. This act shall take effect in 60 days.
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