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Saturday, March 29, 2025

Bill protecting property owners from eminent domain advances in Pennsylvania

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State Senator Cris Dush | Pennsylvania

State Senator Cris Dush | Pennsylvania

Legislation sponsored by Pennsylvania Senate State Government Committee Chairman Cris Dush aims to protect property owners from eminent domain abuse. Senate Bill 225, which seeks to financially compensate affected business and farm owners for the loss of goodwill when their properties are seized, was approved by the Senate State Government Committee with a unanimous vote of 11-0.

"Pennsylvania’s eminent domain code sets into motion one of the most extraordinary and ominous wrecking-ball-powers of government: the authority to both condemn and confiscate private property," Dush stated. "Fully supported by the Pennsylvania Farm Bureau, I have introduced legislation to financially protect business and farm owners whose properties are seized through eminent domain by compensating for loss of goodwill."

Eminent domain seizures continue in Dush's home district. In January, he held a public hearing in Bellefonte, Centre County, to gather testimony on the impact of eminent domain abuse on farmers, employers, and homeowners. Testifiers included Jesse Darlington Jr., a Centre County farm owner facing potential land confiscation due to PennDOT’s Route 322 connector project, and Scott Jacobs, a small business owner involved in a decade-long legal battle for compensation.

Dush's legislation aims to ensure fair compensation for farmers and businesses forced to sell their land. It seeks to uphold rights specified in Article 1, Section 1 of the Pennsylvania Constitution: enjoying life and liberty, acquiring, possessing, and protecting property.

"A farm that sits on top of soil that has been meticulously cared for, cultivated, and enriched over generations and a restaurant thriving inside of a community that it has served for decades both have a great deal of goodwill amassed into their locations," emphasized Dush. "Forcing those operations to pick up and move destroys that goodwill; whether it’s a family farm or a downtown pizza shop, these free-market enterprises deserve substantial compensation."

Senate Bill 225 now moves forward for consideration by the full Senate.

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