Refreshing our Recollection | READ THE BILL | Protecting Utilities from Eminent Domain Prohibitions

Lege TREND. 2 requirements that exempted utilities from an eminent domain bill.

What use of eminent domain caused the legislation:    A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land

What was the legislative response?  Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018) 

What does HB 2468 (PA | 2018)  prohibits eminent domain for open space unless:

• a court grants permission because there is no other reasonable and prudent alternative
• its a utility exercizing eminent domain if:
  • the utility is underground
  • does not permantly impact th eopen spaces benefited by the conservation easement