§ 208. Eminent domain of land subject to conservation easement
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 26 Pa.C.S.A. Eminent DomainEffective: June 24, 2018
Effective: June 24, 2018
26 Pa.C.S.A. § 208
§ 208. Eminent domain of land subject to conservation easement
<Section 4 of Act 2018, June 24, P.L. 345, No. 45, provides that the addition of this section by that Act shall apply to condemnations for which a declaration of taking is filed after December 31, 2017.>
(a) Approval required.--Except as provided in subsection (g), no political subdivision, authority, public utility or other body having or exercising powers of eminent domain shall condemn any land subject to a conservation easement for any purpose, unless prior approval has been obtained from the orphans' court of the county in which the land is located. The condemnation approval specified by this subsection shall not be required for an underground public utility facility that does not permanently impact the open space benefits protected by the conservation easement. The condemnation approval specified by this subsection shall not be required for any public utility facility or other project that is subject to approval by a Federal agency, the necessity for the propriety and environmental effects of which has been reviewed and ratified or approved by the Pennsylvania Public Utility Commission or the Federal Energy Regulatory Commission, regardless of whether the right to establish and maintain such underground or other public utility facility is obtained by condemnation or by agreement with the owner.
(b) Determination of blight.--The exercise of eminent domain powers based on a condition of the land subject to a conservation easement shall not be authorized under section 205 (relating to blight) unless the orphans' court determines the exercise is necessary to protect the health and safety of the community.
Credits
2018, June 24, P.L. 345, No. 45, § 2, imd. effective.
26 Pa.C.S.A. § 208, PA ST 26 Pa.C.S.A. § 208
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |