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PA HB1464

PA HB1464
In general provisions, further providing for definitions; in procedure to condemn, providing for advanced notice to condemnee, further providing for notice to condemnee and for preliminary objections and providing for determination of last resort; in procedure for determining damages, further providing for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages and providing for compensation for loss of goodwill of business or farm


summary

Introduced
05/14/2025
In Committee
05/14/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Amending Title 26 (Eminent Domain) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in procedure to condemn, providing for advanced notice to condemnee, further providing for notice to condemnee and for preliminary objections and providing for determination of last resort; in procedure for determining damages, further providing for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages and providing for compensation for loss of goodwill of business or farm operation; and, in evidence, providing for proof of continuous ownership.

AI Summary

This bill proposes several significant changes to Pennsylvania's eminent domain laws to provide more protections and compensation for property owners facing condemnation. The bill introduces an advanced notice requirement, mandating that acquiring agencies provide written notice to property owners at least 30 days before filing a declaration of taking, with detailed information about the condemnation process, the property owner's rights, and the specific project. It establishes a "last resort" determination process where courts must evaluate whether eminent domain is truly necessary by examining alternative approaches and potential community impacts. The bill expands compensation calculations by introducing a "replacement value" method and allowing augmented compensation (up to 15%) for property owners with continuous family ownership. Additionally, the bill creates a new provision for compensating business and farm owners for loss of goodwill, which includes factors like location reputation and community heritage, with specific conditions for claiming such compensation. The legislation also introduces new definitions for terms like "marginalized community" and "continuous ownership" and provides more transparent procedures for property owners facing eminent domain. The bill will apply retroactively to declarations of taking filed on or after January 1, 2024, and takes effect immediately upon passage.

Committee Categories

Government Affairs

Sponsors (7)

Last Action

Referred to State Government (on 05/14/2025)

bill text


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