Robbins: Legislature Sends Eminent Domain Restrictions to Governor

Legislation to prevent publication of cell phone numbers also sent to Governor

Harrisburg – The General Assembly this week gave final approval of eminent domain reform legislation co-sponsored by Sen. Bob Robbins (R-50) that will protect the rights of Pennsylvania homeowners, small businesses, farms, and churches from condemnation for private development.

The legislation now awaits the Governor's signature, the Senator said.

Senate Bill 881, the Property Rights Protection Act, prohibits the use of eminent domain for taking private property for commercial purposes without a finding of blight, as specifically defined by the bill, Robbins said. Another measure headed to the Governor is House Bill 2054, which is designed to ensure fair compensation for property taken through eminent domain.

"Taking private property is one of the most serious steps government can take, and we need strong safeguards in place to protect property owners from abuse," said Robbins.

Robbins said the measure was introduced following 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 lawmakers to update Pennsylvania'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.

"The Supreme Court decision raised many concerns about property rights, but it also allowed states to craft their own approach to the issue, and that is why we are taking action," said Robbins. "This legislation strikes the right balance between allowing municipalities to remove blight, and protecting the property rights of citizens."

A bill that would prohibit wireless phone companies from publishing customer names and telephone numbers without explicit customer consent was also passed by the Senate this week.

Under Senate Bill 713, wireless phone companies would be prohibited from charging a fee to their customers who chose not to be listed in the subscriber directory. Any violation could be reported to the Office of Attorney General, which would have the authority to bring an action under the Unfair Trade Practices and Consumer Protection Law. The bill will now go to the Governor for enactment.

"Passage of this measure is important for protecting privacy and preventing identity theft," said Robbins. "There are more than six million cell phone users in Pennsylvania. Our laws need to reflect the wide use of cell phones and the need to protect the privacy of users."

CONTACT:

Nate Silcox
(717) 787-1322