Pennsylvania Senate Passes Eminent Domain Reform
WEB RELEASE:
December 7, 2005
CONTACT:
John Kramer
Lisa Knepper
(703) 682-9320
[Private Property]
Arlington, VA—Today, the Pennsylvania Senate became the latest legislative body to tackle reform of its state’s eminent domain laws, responding to the U.S. Supreme Court decision in Kelo v. City of New London and the widespread abuse of eminent domain throughout the state. In a unanimous vote, the Senate took this historic step by passing S.B. 881, the Property Rights Protection Act. The bill, introduced by State Senator Jeffrey Piccola, prohibits the use of eminent domain for commercial development and considerably tightens the definition of blight (declaring a property “blighted” is a prerequisite for condemning it and transferring it to another private party). Unfortunately, at the last minute, exceptions were inserted to exclude existing blight designations in Pittsburgh and Philadelphia (as well as Delaware County), where many of the abuses occur. The exceptions, which expire after seven years, do not apply to new blight designations in those places.
“This is the most comprehensive reform bill in the country,” said Dana Berliner, a senior attorney at the Institute for Justice. “Pennsylvania’s current law is terrible. It allows condemnation of property because it is ‘economically or socially undesirable.’ It allows condemnations of supposedly blighted areas but then has a blight definition that is so loose that it could apply anywhere. This bill places unprecedented limits on the government’s ability to take property from one person just to give it to another person. It’s disappointing to see the exceptions for the two biggest cities, but all in all, it’s a fantastic bill.”
“S.B. 881 completely changes Pennsylvania law,” said Steven Anderson, Coordinator of the Castle Coalition, the Institute’s grassroots advocacy project. “It explicitly prohibits using eminent domain for private gain and significantly tightens the definition of blight while allowing government to take objectively harmful properties. If ultimately passed, these overdue reforms will go a long way in making sure home and small business owners in Pennsylvania keep what they’ve worked so hard to own.”
“Take away the exceptions for Philadelphia and Pittsburgh and S.B. 881 stands as a model for other states looking to prohibit eminent domain for the benefit of private businesses and developers,” said Institute staff attorney Bert Gall. “Both cities have abused eminent domain in the past and certainly need no exception now, particularly since citizens that live in the excepted areas receive much less protection than everyone else. Fortunately, the exceptions will expire in seven years and all cities will then play by the same rules.”
The bill, which was supported by a broad group of organizations, including the Pennsylvania State Conference of NAACP Branches, the League of United Latin American Citizens, the Mexican American Legal Defense and Education Fund, the Farm Bureau and National Federation of Independent Business now heads to the House, which passed a similar version last month and is expected to pass this one.