Conservation Advocate

Just another WordPress site

Donate | Updates | Contact   
You are here: Home / Advocacy / PALTA Letter to Legislators Re: HB 2468

PALTA Letter to Legislators Re: HB 2468

Posted on June 18, 2018 Leave a Comment

The Pennsylvania Land Trust Association sent the following letter to all Pennsylvania state representatives and aides on June 18, 2018.

Subject: Support HB 2468; Stop Irresponsible Eminent Domain

Dear Representative:

On behalf of the 75 member organizations of the Pennsylvania Land Trust Association and the 120,000 Pennsylvanians they count as members, I write to request your support of HB 2468 and ask that you oppose all amendments that would weaken the bill’s safeguard against poorly considered eminent domain.

Conservation easements are a non-regulatory, property-rights-based tool for conserving special places for the public’s benefit while keeping land in private ownership. The bill defends conservation easements from thoughtless application of eminent domain. It ensures that the would-be condemner will look for reasonable and prudent alternatives to the condemnation before proceeding.

In requiring orphan’s court review for reasonable and prudent alternatives, HB 2468 establishes a level of review for conservation easement condemnations analogous to that provided by the Agricultural Lands Condemnation Approval Board (ALCAB) for lands in Agricultural Security Areas.

Article 1, Section 27 of the Pennsylvania Constitution states that:

The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.

A conservation easement accomplishes such preservation, and the legislation ensures that the government does not act heedless of the people’s right to it. Since environmental rights don’t exist in a vacuum, the legislation only requires that before exercising eminent domain on a conservation easement, the condemner look for reasonable and prudent alternatives.

Thank you for your consideration.

Sincerely,

Andrew M. Loza
Executive Director

View the letter here.

Filed Under: Advocacy Tagged With: conservation easement, legislation

Leave a Reply Cancel reply

You must be logged in to post a comment.

Land Trusts, Trail Groups, Local Governments, and Other Landowners Get New Liability Protection

October 25, 2018

On October 24, 2018, Governor Wolf signed Act 98 into law. Act 98 amends the Pennsylvania Recreation Use of Land and Water Act (RULWA) to better protect from liability those who open their properties to the public for recreation without charge. Improvements to the law include: Explicitly listing paths, paved and unpaved trails, fishing and […]

Governor Signs HB 2468

June 25, 2018

Governor Wolf quietly signed HB 2468 (and several other bills) into law on Sunday, June 24. The bill is now Act 45 of 2018. A correction to the previous PALTA communication: Act 45 should apply retroactively to McCormick Farm, so, hopefully, the Cumberland Valley School District will cease its pursuit of the farm. The district […]

HB 2468 Is on Governor’s Desk

June 25, 2018

Friday evening, after the Senate passed HB 2468 (37-12), the House voted to concur (177-15) with the Senate’s changes to the bill. The governor is expected to sign the bill. This is a thrilling victory for conservation! This landmark, bipartisan legislation provides a crucial safeguard for conservation easements from the unnecessary exercise of eminent domain […]

Issues

  • Public Investments in Conservation
  • Protection of Public Parks & Open Space
  • Conservation Incentives
  • State Budget
  • PA Constitution and the Environment
  • PA Conservation-Related Laws

Advocacy Resources

  • Find Your Legislator
  • Get Out the Vote
  • Become a Conservation Advocate
  • Legislative Outreach Tutorial
  • Rules for Nonprofits
  • Advocacy Links
About Us | Archive
ConservationAdvocate.org is administered by the Pennsylvania Land Trust Association.