PRIOR PRINTER'S NOS. 2780, 2946 PRINTER'S NO. 3029
No. 2019 Session of 2005
INTRODUCED BY BEYER, FEESE, E. Z. TAYLOR, HERMAN, LEH, B. SMITH,
ARMSTRONG, BOYD, CALTAGIRONE, CAUSER, CORRIGAN, CREIGHTON,
DALEY, GINGRICH, GOOD, GOODMAN, HERSHEY, KILLION, MAHER,
MARKOSEK, MUSTIO, SCHRODER, SHANER, R. STEVENSON, WATSON,
WILT, YOUNGBLOOD, SIPTROTH AND DALLY, OCTOBER 13, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 1, 2005
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," further providing for
4 abandonment of project.
5 AMENDING TITLE 26 (EMINENT DOMAIN) OF THE PENNSYLVANIA <--
6 CONSOLIDATED STATUTES, PROVIDING FOR ABANDONMENT OF PROJECT
7 AFTER CONDEMNATION; AND MAKING A REPEAL RELATED TO
8 ABANDONMENT OF PROJECT AFTER CONDEMNATION.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 410 of the act of June 22, 1964 <--
12 (Sp.Sess., P.L.84, No.6), known as the Eminent Domain Code,
13 amended February 18, 1982 (P.L.43, No.25), is amended to read:
14 Section 410. Abandonment of Project.--(a) If a condemnor
15 has condemned a fee and thereafter abandons the purpose for
16 which the property has been condemned, the condemnor may dispose
17 of it by sale [or otherwise: Provided, however, That if], lease,
18 gift, devise or other transfer with the following restrictions:
19 (1) If the property is undeveloped or has not been
1 substantially improved, it may not be disposed of within three
2 years after condemnation without first being offered to the
3 condemnee at the same price paid to the condemnee by the
4 condemnor[: And provided further, That if].
5 (2) If the property is [not located within] located outside
6 the corporate boundaries of a county of the first or second
7 class and is undeveloped or has not been substantially improved
8 and was devoted to agricultural use at the time of the
9 condemnation, it may not be disposed of within [twelve] thirty
10 years after condemnation without first being offered to the
11 condemnee at the same price paid to the condemnee by the
12 condemnor. The condemnee shall be served with notice of the
13 offer in the same manner as prescribed for the service of
14 notices in subsection (b) of section 405 of this act, and shall
15 have ninety days after receipt of such notice to make written
16 acceptance thereof.
17 (3) If the property is undeveloped or has not been
18 substantially improved and the offers required to be made under
19 paragraphs (1) and (2) have not been accepted, the property
20 shall not be disposed of by any condemnor, acquiring agency or
21 subsequent purchaser for a nonpublic use or purpose for a period
22 of no less than thirty years from the date of abandonment of the
23 purpose for which the property was originally condemned. Upon
24 petition by the condemnor, the court may permit disposal of the
25 property in less than thirty years upon proof by a preponderance
26 of the evidence that a change in circumstances has abrogated the
27 original public purpose for which the property was taken.
28 (b) The condemnor may not condition any offer required to be
29 made to a condemnee under subsection (a), on the payment by the
30 condemnee of additional fees, real estate taxes or payments in
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1 lieu of taxes or other costs.
2 (c) As used in this section:
3 "Agricultural commodity" means any [and all plant and animal
4 products including Christmas trees produced in this State for
5 commercial purposes.] of the following:
6 (1) Agricultural, apicultural, aquacultural,
7 horticultural, floricultural, silvicultural, viticultural and
8 dairy products.
9 (2) Pasture.
10 (3) Livestock and the products thereof.
11 (4) Ranch-raised furbearing animals and the products
12 thereof.
13 (5) Poultry and the products of poultry.
14 (6) Products commonly raised or produced on farms which
15 are:
16 (i) intended for human consumption; or
17 (ii) transported or intended to be transported in
18 commerce.
19 (7) Processed or manufactured products of products
20 commonly raised or produced on farms which are:
21 (i) intended for human consumption; or
22 (ii) transported or intended to be transported in
23 commerce.
24 "Agricultural use" means [use of the] land which is used for
25 the purpose of producing an agricultural commodity or [when] is
26 devoted to and [meeting] meets the requirements and
27 qualifications for payments or other compensation pursuant to a
28 soil conservation program under an agreement with an agency of
29 the Federal Government. Land containing a farmhouse or other
30 buildings related to farming shall be deemed to be in
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1 agricultural use. The term includes a woodlot and land which is
2 rented to another person and used for the purpose of producing
3 an agricultural commodity.
4 Section 2. This act shall take effect in 60 days.
5 SECTION 1. TITLE 26 OF THE PENNSYLVANIA CONSOLIDATED <--
6 STATUTES IS AMENDED BY ADDING CHAPTERS TO READ:
7 CHAPTER 1
8 GENERAL PROVISIONS
9 SEC.
10 101. (RESERVED).
11 102. (RESERVED).
12 103. DEFINITIONS.
13 § 101. (RESERVED).
14 § 102. (RESERVED).
15 § 103. DEFINITIONS.
16 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
17 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
18 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
19 USED IN THIS TITLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
20 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
21 "CONDEMN." TO TAKE, INJURE OR DESTROY PROPERTY BY AUTHORITY
22 OF LAW FOR A PUBLIC PURPOSE.
23 "CONDEMNEE." THE OWNER OF A PROPERTY INTEREST TAKEN, INJURED
24 OR DESTROYED. THE TERM DOES NOT INCLUDE A MORTGAGEE, JUDGMENT
25 CREDITOR OR OTHER LIENHOLDER.
26 "CONDEMNOR." THE ACQUIRING AGENCY, INCLUDING THE
27 COMMONWEALTH, THAT TAKES, INJURES OR DESTROYS PROPERTY UNDER
28 AUTHORITY OF LAW FOR A PUBLIC PURPOSE.
29 CHAPTER 3
30 PROCEDURE TO CONDEMN
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1 SEC.
2 301. (RESERVED).
3 302. (RESERVED).
4 303. (RESERVED).
5 304. (RESERVED).
6 305. (RESERVED).
7 306. (RESERVED).
8 307. (RESERVED).
9 308. (RESERVED).
10 309. (RESERVED).
11 310. ABANDONMENT OF PROJECT.
12 § 301. (RESERVED).
13 § 302. (RESERVED).
14 § 303. (RESERVED).
15 § 304. (RESERVED).
16 § 305. (RESERVED).
17 § 306. (RESERVED).
18 § 307. (RESERVED).
19 § 308. (RESERVED).
20 § 309. (RESERVED).
21 § 310. ABANDONMENT OF PROJECT.
22 (A) DISPOSITION OF PROPERTY.--IF A CONDEMNOR HAS CONDEMNED A
23 FEE AND THEN ABANDONS THE PURPOSE FOR WHICH THE PROPERTY HAS
24 BEEN CONDEMNED, THE CONDEMNOR MAY DISPOSE OF IT BY SALE, LEASE,
25 GIFT, DEVISE OR OTHER TRANSFER WITH THE FOLLOWING RESTRICTIONS:
26 (1) IF THE PROPERTY IS UNDEVELOPED OR HAS NOT BEEN
27 SUBSTANTIALLY IMPROVED, IT MAY NOT BE DISPOSED OF WITHIN
28 THREE YEARS AFTER CONDEMNATION WITHOUT FIRST BEING OFFERED TO
29 THE CONDEMNEE AT THE SAME PRICE PAID TO THE CONDEMNEE BY THE
30 CONDEMNOR.
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1 (2) IF THE PROPERTY IS LOCATED OUTSIDE THE CORPORATE
2 BOUNDARIES OF A COUNTY OF THE FIRST OR SECOND CLASS AND IS
3 UNDEVELOPED OR HAS NOT BEEN SUBSTANTIALLY IMPROVED AND WAS
4 DEVOTED TO AGRICULTURAL USE AT THE TIME OF THE CONDEMNATION,
5 IT MAY NOT BE DISPOSED OF WITHIN 30 YEARS AFTER CONDEMNATION
6 WITHOUT FIRST BEING OFFERED TO THE CONDEMNEE AT THE SAME
7 PRICE PAID TO THE CONDEMNEE BY THE CONDEMNOR.
8 (3) IF THE PROPERTY IS UNDEVELOPED OR HAS NOT BEEN
9 SUBSTANTIALLY IMPROVED AND THE OFFERS REQUIRED TO BE MADE
10 UNDER PARAGRAPHS (1) AND (2) HAVE NOT BEEN ACCEPTED, THE
11 PROPERTY SHALL NOT BE DISPOSED OF BY ANY CONDEMNOR, ACQUIRING
12 AGENCY OR SUBSEQUENT PURCHASER FOR A NONPUBLIC USE OR PURPOSE
13 FOR A PERIOD OF NO LESS THAN 30 YEARS FROM THE DATE OF
14 ABANDONMENT OF THE PURPOSE FOR WHICH THE PROPERTY WAS
15 ORIGINALLY CONDEMNED. UPON PETITION BY THE CONDEMNOR, THE
16 COURT MAY PERMIT DISPOSAL OF THE PROPERTY IN LESS THAN 30
17 YEARS UPON PROOF BY A PREPONDERANCE OF THE EVIDENCE THAT A
18 CHANGE IN CIRCUMSTANCES HAS ABROGATED THE ORIGINAL PUBLIC
19 PURPOSE FOR WHICH THE PROPERTY WAS TAKEN.
20 (B) NOTICE.--THE CONDEMNEE SHALL BE SERVED WITH NOTICE OF
21 THE OFFER IN THE SAME MANNER AS PRESCRIBED FOR THE SERVICE OF
22 NOTICES IN SECTION 405(B) OF THE ACT OF JUNE 22, 1964 (SP.SESS.,
23 P.L.84, NO.6), KNOWN AS THE EMINENT DOMAIN CODE, AND SHALL HAVE
24 90 DAYS AFTER RECEIPT OF NOTICE TO MAKE WRITTEN ACCEPTANCE.
25 (C) CERTAIN CONDITIONAL OFFERS PROHIBITED.--THE CONDEMNOR
26 MAY NOT CONDITION ANY OFFER REQUIRED TO BE MADE TO A CONDEMNEE
27 UNDER SUBSECTION (A) ON THE PAYMENT BY THE CONDEMNEE OF
28 ADDITIONAL FEES, REAL ESTATE TAXES OR PAYMENTS IN LIEU OF TAXES
29 OR OTHER COSTS.
30 (D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
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1 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
2 SUBSECTION:
3 "AGRICULTURAL COMMODITY." ANY OF THE FOLLOWING:
4 (1) AGRICULTURAL, APICULTURAL, AQUACULTURAL,
5 HORTICULTURAL, FLORICULTURAL, SILVICULTURAL, VITICULTURAL AND
6 DAIRY PRODUCTS.
7 (2) PASTURE.
8 (3) LIVESTOCK AND THE PRODUCTS THEREOF.
9 (4) RANCH-RAISED FURBEARING ANIMALS AND THE PRODUCTS
10 THEREOF.
11 (5) POULTRY AND THE PRODUCTS OF POULTRY.
12 (6) PRODUCTS COMMONLY RAISED OR PRODUCED ON FARMS WHICH
13 ARE:
14 (I) INTENDED FOR HUMAN CONSUMPTION; OR
15 (II) TRANSPORTED OR INTENDED TO BE TRANSPORTED IN
16 COMMERCE.
17 (7) PROCESSED OR MANUFACTURED PRODUCTS OF PRODUCTS
18 COMMONLY RAISED OR PRODUCED ON FARMS WHICH ARE:
19 (I) INTENDED FOR HUMAN CONSUMPTION; OR
20 (II) TRANSPORTED OR INTENDED TO BE TRANSPORTED IN
21 COMMERCE.
22 "AGRICULTURAL USE." LAND WHICH IS USED FOR THE PURPOSE OF
23 PRODUCING AN AGRICULTURAL COMMODITY OR IS DEVOTED TO AND MEETS
24 THE REQUIREMENTS AND QUALIFICATIONS FOR PAYMENTS OR OTHER
25 COMPENSATION PURSUANT TO A SOIL CONSERVATION PROGRAM UNDER AN
26 AGREEMENT WITH AN AGENCY OF THE FEDERAL GOVERNMENT. LAND
27 CONTAINING A FARMHOUSE OR OTHER BUILDINGS RELATED TO FARMING
28 SHALL BE DEEMED TO BE IN AGRICULTURAL USE. THE TERM INCLUDES A
29 WOODLOT AND LAND WHICH IS RENTED TO ANOTHER PERSON AND USED FOR
30 THE PURPOSE OF PRODUCING AN AGRICULTURAL COMMODITY.
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1 SECTION 2. (A) THE GENERAL ASSEMBLY DECLARES THAT THE
2 REPEAL UNDER SUBSECTION (B) IS NECESSARY TO EFFECTUATE THE
3 ADDITION OF 26 PA.C.S. § 310.
4 (B) SECTION 410 OF THE ACT OF JUNE 22, 1964 (SP.SESS.,
5 P.L.84, NO.6), KNOWN AS THE EMINENT DOMAIN CODE, IS REPEALED.
6 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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