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Piccola, Brightbill Applaud Legislature's Final Passage
of Eminent Domain Measures
Designed to
Protect Property Owners from Abuse
HARRISBURG -- Senate
Majority Whip Jeffrey Piccola (R-15) and Senate Majority Leader David Brightbill
(R-48) today lauded the General Assembly for its final approval of legislation
that will protect the rights of Pennsylvania homeowners, small businesses,
farms, and churches from condemnation for private development -- a right the
United States Supreme Court abandoned. The legislation now awaits the
Governor's signature.
Piccola's
legislation, known as the "Property Rights Protection Act" or Senate Bill 881,
prohibits the use of eminent domain for taking private property for commercial
purposes without a finding of blight. The measure continues to allow cities in
Pennsylvania to retain flexibility in blighted areas, as well as the
longstanding ability to condemn abandoned, dangerous, or severely tax-delinquent
properties. Brightbill's provision addresses the procedural and compensation
requirements for eminent domain.
Both pieces of
legislation are in reaction to last year's Supreme Court decision, Kelo v. City
of New London, which ruled that governments can seize property to make room for
private development projects that promise to boost the local economy. The
ruling prompted Piccola and Brightbill to update the state's laws and provide
greater protection to owners of private property from governmental authorities
who seek to abuse the use of their eminent domain powers.
"We recognized
that for homeowners and businesses in Pennsylvania -- a state with rather
aggressive eminent domain laws – the Kelo decision would have particularly
frightening consequences. The Property Rights Protection Act is balanced,
commonsense reform that includes greater protections for our property owners,
not to mention changes that are necessary to halt eminent domain abuse in the
Commonwealth," said Piccola.
"The idea that
a citizen's property can be taken by the government and turned over to another
citizen for non-governmental use is an outrageous proposition -- that's why we
must end such abuses. Final passage of this legislation today protects one of
the fundamental rights we have as homeowners and ensures that in those rare
instances where land is seized by the government for a truly public purpose,
individuals will be fairly compensated," Brightbill said.
"We cannot
allow our governments to take private property through eminent domain for some
private use that might or might not produce more taxes and more jobs. What our
bills will do is protect Pennsylvanians immediately from unnecessary land grabs
and make certain that these home and small business owners know they can keep
what they have worked so hard to own," Piccola said.
"This is a
historic day for Pennsylvania as we break new ground in protecting property
owners from abusive land takings. The legislation strikes a reasonable balance
by preserving municipalities' ability to address real problems, while giving
property owners much-needed protections," said Brightbill.
The Property
Rights Protection Act has been supported by a broad group of organizations
including the Institute for Justice, who has called it "the most comprehensive
reform bill in the country." Also supporting the legislation are the
Pennsylvania Farm Bureau, Pennsylvania League of Cities and Municipalities,
National Federation of Independent Business, Pennsylvania Family Institute, and
the Pennsylvania Builders Association. Representative Glen Grell (R-87) is the
sponsor of a companion measure and was instrumental in spearheading Senate Bill
881 through the House of Representatives.
 
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