Did Harrisburg Leave Loophole in Eminent Domain Legislation?

SaveArdmoreCoalition's picture

In a word? YES.

This is not anything other then food for thought - this legislation could use a little tightening. Feel free to write to Ed Rendell and our local State Senator Connie Williams or our local State Representative Daylin Leach

Ok so here it is: someone told several someones that they should take a look at the eminent domain legislation - Senate Bill 881...we thought to ourselves "again?"...but we did. And it's a darn good thing Lower Merion Township pledged no eminent domain for private gain because it sounds crazy, but it appears there is an eminent domain loophole that could apply here had our local government NOT rejected the use of eminent domain for private gain via the famous resolution.

The KISS (keep it simple stupid) of it all on a state level is that under this legislation, any area designated blighted prior to the signing of this bill aren't included in a blanket of protection, or, what was already blighted and stayed blighted could be subject to eminent domain. Ok so that also applies to certain areas of Philthadelphia, Norristown,Chester..uhhh and that means Ardmore too. It's almost insulting.

Here, don't believe us? Read it yourself

Silly us, we wrote about this specifically before in May 2006:

Submitted by dmuth on Wed, 2006-05-03 19:40. Save Ardmore Coalition Newsletter
1. Pennsylvania Eminent Domain Law.

Both houses of the Pennsylvania legislature have now passed a law (Senate Bill 881) which, if signed by the Governor, will severely limit the power of municipalities to abuse their eminent domain power for the benefit of private developers. The bill went to Governor Rendell on April 26 but he has yet to signal whether or not he will sign the bill into law.

The new statute provides, in delightfully clear and simple language, that the exercise of the power of eminent domain to take private property “in order to use it for private enterprise is prohibited.”

It then sets forth some of exceptions to the prohibition. Two of these are notable. First, the cities of Philadelphia, Pittsburgh and Chester are exempted from the statute for seven years, and will, unfortunately, not be subject to its prohibition until 2013.

Second, the bill provides an exception for properties that are blighted.