PA Legislative Effort Would Permit Farmland Takings
Pennsylvania State Senator Kristin Phillips-Hill wants owners of farmland to receive fair compensation when their property is taken by eminent domain. Under current legislation, condemnors taking preserved land are only required to pay for the agricultural value of their land. This alone, Phillips-Hill argues, is not adequate. Her proposed bill would fully compensate farmland owners for eminent domain takings and reimburse taxpayer funds for the farmland preservation program.
Farmland Preservation
PA farmland owners can preserve their land by selling preservation easements to the state. By doing this, they are compensated for giving up development rights. The program is funded by taxpayers and helps ensure that farmland continues to be used for agricultural purposes.
Although preserved farmland is generally restricted from future development, it isn’t exempt from eminent domain. Any entity lawfully exercising eminent domain can take preserved farmland as long as it pays the owner just compensation and the taking is for a public purpose. Unlike a private buyer, a condemnor who acquires preserved farmland by eminent domain can build on it.
Inadequate Compensation
Condemnors are required to pay for the agricultural value of preserved farmland when exercising eminent domain. The preservation value itself is not part of compensation. Under the new bill, condemnors would be required to reimburse state and local governments for the amount used to preserve the land. This ensures that taxpayer dollars are reimbursed, making the public whole.
Comparison to New Jersey’s Farmland Preservation Program
Similar to PA, NJ has a farmland preservation program. Property owners can preserve their farmland by selling preservation easements restricting future development. The value of these easements is determined by a farmland appraisal process. The program is entirely voluntary and has resulted in hundreds of thousands of acres being preserved.
NJ doesn’t require condemnors to reimburse funds used for farmland preservation. While legislation similar to the pending bill in PA has yet to be introduced, lawmakers have proposed other measures to protect farmland. For instance, ACRR171 was introduced in July 2025 and proposes a constitutional amendment to prohibit government seizure of active farmland unless the land remains exclusively used for agriculture after being acquired. 171_I1.PDF.
Conclusion
PA’s farmland preservation program could benefit from reform. Entities with the power of eminent domain can take preserved land by only paying for the agricultural value, then proceed to build on it as if the land was never protected in the first place. When this happens, taxpayer dollars used to preserve the land are wasted. By requiring condemnors to pay for the full value of the land and provide full reimbursement of the funds used to preserve it, the new bill helps ensure that the public is made whole and the program continues for future generations. The bill has just begun its legislative journey and is awaiting consideration in the committee.
It remains to be seen whether the bill will become law, but early signs are positive. The bill currently has bipartisan support from Republicans and Democrats, and local outlets have publicized the effort to protect taxpayers and farmers from the impact of eminent domain.
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