PRINTER'S NO. 1668
No. 1452 Session of 1991
INTRODUCED BY LEH, ANGSTADT, ARMSTRONG, VEON, THOMAS, BARLEY,
E. Z. TAYLOR AND VROON, MAY 15, 1991
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 15, 1991
AN ACT
1 Imposing limitations on the use of eminent domain by
2 municipalities to obtain certain real estate or facilities;
3 providing for certain additional court proceedings; and
4 making repeals.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Municipal
9 Eminent Domain Limitation Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Authority." Any authority incorporated and operated under
15 the act of May 2, 1945 (P.L.382, No.164), known as the
16 Municipality Authorities Act of 1945.
17 "Condemning municipality." A municipality, first class
18 county or authority which desires to use eminent domain to
1 acquire real estate or a facility after obtaining court
2 approval.
3 "Court." The court of common pleas of the judicial district
4 where the real estate or facility which is subject to any
5 eminent domain proceedings under this act is located.
6 "Host municipality." A municipality where the real estate or
7 facility which is subject to an eminent domain proceeding under
8 this act is located.
9 "Municipality." Any city, borough, incorporated town,
10 township or home rule municipality within this Commonwealth.
11 Section 3. Scope.
12 The provisions of this act shall apply to every municipality,
13 every county and every authority within this Commonwealth
14 without exception.
15 Section 4. Limitation on eminent domain power.
16 The power of a municipality, a county or an authority to
17 take, appropriate or acquire any real estate or any facility by
18 eminent domain for the creation, acquisition or operation of a
19 landfill, an incinerator, a resource recovery operation or any
20 other use or operation related to the storage, processing,
21 treatment or disposal of solid waste shall not extend beyond the
22 geographical boundaries of the municipality, county or
23 authority.
24 Section 5. Specific limitations and exceptions.
25 (a) Counties.--All counties and authorities created by such
26 counties shall comply with the provisions of section 4 without
27 exception.
28 (b) Municipalities.--
29 (1) Except as provided in paragraph (2), every
30 municipality shall comply with the provisions of section 4.
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1 (2) Upon receipt of court approval under section 6, any
2 municipality may exercise the power of eminent domain to
3 acquire real estate or facilities for the purposes specified
4 in section 4 beyond the geographical boundaries of the
5 condemning municipality but not beyond the geographical
6 boundaries of the county in which the condemning municipality
7 is located.
8 (c) Authorities.--Authorities shall be subject to the same
9 specific limitations and exceptions that are applicable to any
10 or all of the incorporating municipalities with the exception
11 that the geographical boundaries of an authority shall encompass
12 the geographical boundaries of the incorporating municipality or
13 municipalities.
14 Section 6. Court proceedings.
15 (a) Jurisdiction.--Exclusive jurisdiction for all
16 proceedings under this act shall be vested in the court of
17 common pleas of the judicial district where the real estate or
18 facility which is subject to the eminent domain proceeding is
19 located. In the event the real estate or facility which is
20 subject to the eminent domain proceeding is located in two or
21 more contiguous judicial districts, the court of common pleas of
22 the judicial district in which the greatest portion of the total
23 real estate or facility subject to said proceedings is located
24 shall have exclusive jurisdiction for all proceedings under this
25 act. Approvals required by this act shall be obtained prior to
26 instituting any action under the act of June 22, 1964 (Sp.Sess,
27 P.L.84, No.6), known as the Eminent Domain Code.
28 (b) Burden of proof.--In order to obtain court approval, the
29 condemning municipality which desires to acquire real estate or
30 a facility outside of its geographical boundaries by eminent
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1 domain shall establish, by clear and convincing evidence, that:
2 (1) There is no suitable property available within the
3 condemning municipality's boundaries for the intended
4 purpose.
5 (2) The proposed action by the condemning municipality
6 would cause no impairment of the water, air or soil quality
7 of the host municipality.
8 (3) The proposed action would not impede the existing
9 land use plan of the host municipality.
10 In addition, the condemning municipality shall present economic,
11 ecological and land use impact studies regarding the impact on
12 the host municipality. The condemning municipality shall provide
13 copies of such studies to the court and host municipality at
14 least 90 days before hearing on the petition for court approval.
15 (c) Basis for decision.--After a hearing, the court shall
16 reach a decision by balancing the need of the condemning
17 municipality against the similar need of and the economic and
18 ecological impact on the host municipality. Upon presentation of
19 a petition for court approval under this act, the court may
20 appoint up to three persons as commissioners, who shall be
21 severally sworn or affirmed and shall view the real estate or
22 facility proposed to be taken by eminent domain, shall review
23 the impact studies presented by the condemning municipality, and
24 shall report their recommendations to the court, as soon
25 thereafter as possible. The report of the commissioners shall be
26 advisory only, and not binding upon the court. Each commissioner
27 shall receive such compensation for his services as the court
28 shall allow to be paid by the condemning municipality.
29 (d) Appeals.--Any appeal shall be to the Commonwealth Court.
30 The findings of fact of the court of common pleas shall be
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1 binding on the appellate court in the absence of an abuse of
2 discretion by the court of common pleas.
3 Section 7. Imposition of conditions.
4 After receipt of court approval and the conclusion of
5 proceedings under the act of June 22, 1964 (Sp.Sess., P.L.84,
6 No.6), known as the Eminent Domain Code, the condemning
7 municipality and its successors in interest and assigns shall
8 comply with each of the following conditions:
9 (1) The real estate or facility which is the subject of
10 the condemnation shall continue to be subject to the zoning
11 ordinances of the host municipality in accordance with the
12 act of July 31, 1968 (P.L.805, No.247), known as the
13 Pennsylvania Municipalities Planning Code.
14 (2) The condemning municipality shall pay all real
15 estate transfer taxes as if the acquisition of the property
16 involved a private sale of that property.
17 (3) The condemning municipality shall make payments in
18 lieu of taxes equal to the property tax that a private owner
19 would pay to the host municipality, school district and
20 county.
21 (4) The condemning municipality shall comply with all
22 provisions of the act of July 7, 1980 (P.L.380, No.97), known
23 as the Solid Waste Management Act, and maintain all necessary
24 permits at its expense.
25 (5) The host municipality shall be permitted to utilize
26 the site and facility for any garbage or refuse collected
27 within the host municipality by either municipal or private
28 contractors operating under contract with the host
29 municipality.
30 (6) The host municipality may place reasonable limits on
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1 the hours of operation of any site or facility by ordinance.
2 (7) The host municipality may impose a municipal service
3 charge on dumping at the site or facility, which charge must
4 be reasonably related to the additional cost to the host
5 municipality for extra services necessitated by the existence
6 of the site or facility.
7 (8) Any subsequent sale of any property taken by eminent
8 domain by the condemning municipality shall be subject to all
9 the conditions of taking stated in this section.
10 Section 8. Repeals.
11 The following acts and parts of acts are repealed insofar as
12 they are inconsistent with this act:
13 Section 1901 of the act of June 24, 1931 (P.L.1206, No.331),
14 known as The First Class Township Code.
15 Clause VIII of section 702 of the act of May 1, 1933
16 (P.L.103, No.69), known as The Second Class Township Code.
17 Section 11 of the act of May 2, 1945 (P.L.382, No.164), known
18 as the Municipality Authorities Act of 1945.
19 Section 2513 of the act of February 1, 1966 (1965 P.L.1656,
20 No.581), known as The Borough Code.
21 Section 9. Applicability.
22 This act shall apply to all proceedings for which a
23 declaration of taking is filed on or after the effective date of
24 this act.
25 Section 10. Effective date.
26 This act shall take effect in 30 days.
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