Here’s a quick rundown on several environmental bills that moved in the Senate and House this week, plus one new bill introduction.

Senate

Eminent Domain: Senate Bill 897 (Brightbill-R-Lebanon) making changes to the Eminent Domain Code in response to Kelo and the companion bill, Senate Bill 881 (Piccola-R-Dauphin), which was amended to include provisions relating to condemning multiple properties, were passed unanimously by the Senate and moves to the House. House-passed eminent domain bills remain in the Senate.

Senate Bill 881 would prohibit the taking of private property through the use of eminent domain for private enterprise. The bill provides for certain exceptions under the prohibition including, among others, if the condemnee consents to the use of the property or if the property meets the definition of “blight.” Multiple properties could only be declared blighted if a majority of the geographic area is blighted.

An additional change would extend the period that an area can be designated blighted without being reevaluated from 10 years to 20 years. The measure would also prohibit a political subdivision from exercising eminent domain in another political subdivision without the consent of the political subdivision where the land is located.

Senate Bill 897 would—

· Prohibit a political subdivision from exercising eminent domain in another political subdivision without the consent of the political subdivision where the land is located;

· Broaden the application of the Code to cover all public utility condemnations;

· Increase the limitation on eligible reimbursement of appraisal, attorney, and engineering fees from $500 to $3,000;

· Allow a judge to determine reasonable attorney fees when a condemnee challenges the original just compensation offer and the verdict is at least 25 percent greater than the original offer;

· Permit a condemnee to receive special damages up to $24,000 for loss caused by reduction in rental income;

· Increase damages for dislocation of businesses and farm operations in addition to other allowable damages;

· Increase the additional payments for relocation expenses for homeowners and tenants;

· Create the Housing Replacement Authorization Act to allow the acquiring agency, as a last resort, to purchase, construct, reconstruct or otherwise provide replacement housing by using funds authorized for the project; and

· Expedite appeals in eminent domain proceedings and establish a six-year statute of limitations in condemnation actions.

NewsClip: Eminent Domain Bill Advances, But May Need More Changes

House

Low Income Energy Assistance: House Bill 2216 (Allen-R-Schuylkill) providing additional funding for the Low Income Energy Assistance Program and House Bill 338 (Scavello-R-Monroe) creating an income tax checkoff for contributions to the Low Income Energy Assistance Program were both passed by the House and move to the Senate.

Scattering Rubbish: House Bill 659 (Crahalla-R-Montgomery) increasing penalties for scattering rubbish in Philadelphia was passed by the House and now goes to the Senate.

Purity of Waters Act: House Resolution 530 (Rubley-R-Chester) commemorating the 100th anniversary of the Purity of Waters Act was passed by the House.

Bills Introduced

Capital Budget: House Bill 2317 (Feese-R-Lycoming) itemized list of Capital Budget projects for the Environmental Stewardship Fund, Keystone Recreation, Park and Conservation Fund and other projects.

12/9/2005