PRINTER'S NO. 1950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1721
Session of
2021
INTRODUCED BY STAMBAUGH, HAMM, MILLARD AND ZIMMERMAN,
JULY 19, 2021
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JULY 19, 2021
AN ACT
Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
act authorizing the creation of agricultural areas," further
providing for limitation on certain governmental actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13(d)(1) and (2) of the act of June 30,
1981 (P.L.128, No.43), known as the Agricultural Area Security
Law, are amended to read:
Section 13. Limitation on certain governmental actions.
* * *
(d) Review by Agricultural Lands Condemnation Approval Board
and other bodies.--
(1) Upon receipt of such notice the Agricultural Lands
Condemnation Approval Board and the bodies provided for in
subsection (b) [jointly] shall each review the proposed
condemnation in accordance with the applicable criteria
established in paragraph (2).
(2) (i) In the case of condemnation for highway
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purposes [(but not including activities relating to existing
highways such as, but not limited to, widening roadways, the
elimination of curves or reconstruction, for which no
approval is required)] and in the case of condemnation for
the disposal of solid or liquid waste material, the
Agricultural Lands Condemnation Approval Board or other
appropriate reviewing body shall approve the proposed
condemnation only if it determines there is no reasonable and
prudent alternative to the utilization of the land within the
agricultural security area for the project.
(ii) In all other cases not otherwise specifically
provided for, the Agricultural Lands Condemnation
Approval Board or other appropriate reviewing body shall
approve the proposed condemnation only if it determines
that:
(A) the proposed condemnation would not have an
unreasonably adverse [affect] effect upon the
preservation and enhancement of agriculture or
municipal resources within the area or upon the
environmental and comprehensive plans of the county,
municipality and the Commonwealth, or upon the goals,
resource plans, policies or objectives thereof; or
(B) there is no reasonable and prudent
alternative to the utilization of the lands within
the agricultural security area for the project.
* * *
Section 2. This act shall take effect in 60 days.
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