HB 2538 Pennsylvania House · 2023-2024 Regular Session

An Act amending Title 26 (Eminent Domain) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in procedure to condemn, further providing for declaration of taking, for security required and for recording notice of condemnation, providing for advanced notice to condemnee and further providing for notice to condemnee, for preliminary objections, for possession, right of entry and payment of compensation and for revocation of condemnation proceedings; in procedure for determining damages, further providing for petition for appointment of viewers, for report of viewers, for allocation of damages and for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages, for condemnee's costs where no declaration of taking filed and for limited reimbursement of appraisal, attorney and engineering fees and providing for coverage of mortgages and liens and for compensation for loss of goodwill of business or farm operation; and, in evidence, providing for proof of continuous ownership.

This bill amends Pennsylvania's eminent domain laws to clarify definitions, streamline condemnation procedures, and expand protections for property owners. It introduces new terms such as "blighted property" and "marginalized community" to ensure consistent legal interpretation and requires that replacement housing for displaced residents be affordable and located in areas with similar school districts and amenities. The legislation also mandates that title transfer only occurs after a court makes a final determination, while simultaneously allowing owners to recover limited costs for appraisals, legal fees, and engineering services. Additionally, the bill provides for compensation for the loss of business goodwill and ensures that mortgages and liens are addressed during the condemnation process.
Bill status in committee 1 of 4 stages cleared
Introduction
Aug 2024
Committee Review
Floor Vote
Governor
Introduced Aug 21, 2024 Last action Aug 21, 2024