Eminent domain of agricultural property - 26 Pa. Cons. Stat. § 207

Legal Research Home > Pennsylvania Statutes

     § 207.  Eminent domain of agricultural property.
        (a)  Approval required.--Notwithstanding any provision of law
     to the contrary, approval by the Agricultural Lands Condemnation
     Approval Board shall be required prior to the exercise of
     eminent domain authority by any agency of the Commonwealth or
     political subdivision or municipal authority on agricultural
     property under section 204(b)(3) (relating to eminent domain for
     private business prohibited) or 205 (relating to blight).
     Approval shall be obtained in accordance with section 13 of the
     act of June 30, 1981 (P.L.128, No.43), known as the Agricultural
     Area Security Law.
        (b)  Determination of blight.--The exercise of eminent domain
     powers based on a condition of the agricultural property shall
     not be authorized under section 205 unless the Agricultural
     Lands Condemnation Approval Board determines the exercise is
     necessary to protect the health and safety of the community.
        (c)  Disapproval.--The Agricultural Lands Condemnation
     Approval Board shall disapprove the proposed condemnation if the
     board determines the condemnor is not authorized under this
     chapter to take the agricultural property by eminent domain.

Last modified: November 27, 2007