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12/05/2021 07:06 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=35646
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: May 14, 2021 08:43 AM
From: Representative Perry A. Stambaugh
To: All House members
Subject: Expanding the Scope of ALCAB Review Package
 
In the near future, I plan on introducing two pieces of legislation that will require the Agricultural Lands Condemnation Approval Board (ALCAB) to review a greater scope of highway projects proposed by entities with authority to condemn land by eminent domain.
 
Currently, entities that are looking to construct a new roadway over lands enrolled in agricultural security areas must seek review and approval by ALCAB before that land can be condemned for new highway purposes. Agricultural security areas, created by municipalities, offer enrolled landowners some additional protections from eminent domain, as well as the opportunity to preserve farmland through agricultural conservation easements. However, numerous transportation projects on existing roadways that would require the condemnation of land enrolled in agricultural security areas are not required to go before the ALCAB for review.
 
My legislative efforts would require that entities seeking to make any transportation improvements impacting lands enrolled in agricultural security areas to submit projects for review by the ALCAB. It is worth noting that several state agencies, including PennDOT, have a seat on ALCAB, along with representatives from agriculture. Since Pennsylvania enacted agricultural security areas to preserve and protect our most valuable farm ground, it is reasonable that agencies present clear evidence of why there is not an alternative to taking valuable farm ground for transportation purposes. ALCAB can approve most projects if there is no reasonable or prudent alternative to using land enrolled in agricultural security areas.

Thank you for joining me on this important legislative effort.



Document #1

Introduced as HB1720

Description: Bill #1 will amend the Administrative Code to require ALCAB to review a larger scope of projects and will also allow for the appointment of two selected alternate members to serve the farming community on the board.
 

Document #2

Introduced as HB1721

Description: Bill #2 will amend the Agricultural Area Security Law to require ALCAB to review a larger scope of projects that would impact land enrolled in agricultural security areas.