Wolf signs ‘Stoneleigh’ bill into law

Legislation provides conservation protections against eminent domain

HARRISBURGH » A bill co-written by a Chester County legislator that would provide new protections for land governed by a conservation easement from being taken for development by eminent domain has been signed into law, cheering those who saw threats to open space.

The new law will require that entities like school districts and local governments seek court approval before taking property by eminent domain if that property is under conservation easement, said a representative of Natural Lands, a major player in regional efforts to preserve open space. The legislation was prompted by two instances in which local school districts in the state had

sought to seize lands protected by Natural Lands, including the recently opened Stoneleigh Preserve in Lower Merion, Montgomery County.

The bill that Gov. Tom Wolf signed into law Sunday was sponsored by state Rep. Warren Kampf, R157th, of Tredyffrin.

“Protecting open space and our natural areas is something that helps everyone and ensures a future connected to our past,” Kampf said Monday in an email sent to Digital First Media. “Chester County has a long and successful tradition of this. The new law proves the General Assembly’s commitment to land preservation and to standing with landowners willing to help us do that.

“I was proud to take on this fight and work with many partners to achieve success,” said Kampf. The bill was co-sponosred by state Reps. Marcy Toepel R-147th, of Gilbertsville, and Kate Harper R-61st, of Blue Bell, both in Montgomery County.

Late Friday, the Pennsylvania Legislature passed House Bill 2468 by wide margins in both chambers, remarkable not only for the support it received across the aisles but because it had only been introduced by Kampf earlier this month.

Under the new law, government entities seeking to take land that is under a conservation easement that forbids further development will have to prove in a county Orphans Court that there are no “reasonable and prudent alternative” sites for their proposed facilities.

Molly Morrison, president of Natural Lands, paid tribute to Kampf, Toepel, and Harper, as well as state Sen. Bob Mensch, R-24th, of Red Hill, Montgomery County and “every member of the Legislature who voted for (the bill.) (They have) our sincere gratitude.”

Morrison added, “While the law places an additional obstacle in the school districts’ way, the threat to Stoneleigh and the McCormick Farm is still very real. We will continue to fight until both properties are removed from consideration.”

In the House, all of the members representing areas in Chester County, with the exception of one — state Rep. Duane Milne, R-167th, of Willistown, who did not vote — voted in favor of the bill. In the state Senate, all three members who represent areas in the county — state Sens. Andy Dinniman, D-19th, of West Whiteland, John Rafferty, R-44th, of Potsttown, and Tom McGarrigle, R-26th, of Drexel Hill — voted against the legislation.

According to Natural Lands, the Lower Merion School District has formally expressed plans to seize some or all of the newly opened Stoneleigh, a 42-acre public garden that was donated to Natural Lands in 2016 by the estate of John and Chara Haas so that it could be made open to the public. Lower Merion Conservancy, which holds the conservation easement on Stoneleigh, has aligned with Natural Lands in the effort to prevent any of the property from being taken by the school district.

Simultaneously, the Cumberland Valley School District in Cumberland County, has initiated a taking by eminent domain of the historic 108-acre McCormick Farm for a proposed new school. That property has been protected by a Natural Lands conservation easement since the 1980s and the organization is fighting the taking in court.

Under the new law, both school districts will have to prove in court that there are no “reasonable and prudent alternative” sites for their proposed new schools and sports facilities.

House Bill 2468 was introduced on June 6, voted through the House on June 19 and through the Senate three days later. The remarkably quick approval of the bill and overwhelming majority votes represent profound legislative support for conservation and for the common-sense notion that, once land is preserved, it should stay that way.

Said Harper, “This new law allows for the careful balancing of public interests before land set aside forever for the public’s benefit as open can be taken for development for a government purpose.”

“I am pleased that we were successful in getting this bill enacted into law. For properties like Stoneleigh, it is imperative to have additional oversight regarding the ability to use eminent domain to seize all or even part of a property,” said Toepel. “The generous donation of the Haas family estate to Natural Lands must be protected to insure transfers such as this are not discouraged or jeopardized.” To contact staff writer Michael P. Rellahan call 610-696-1544.