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Bill

HB 2205

An Act amending Title 74 (Transportation) of the Pennsylvania Consolidated Statutes, in turnpike, further providing for acquisition of property rights by commission and for procedural requirements of acquisition, repealing provisions relating to entry and possession of property condemned and prohibiting condemnation by commission.

2025-2026 Regular Session Introduced by Marc Anderson and 12 co-sponsors

The bill prohibits the Pennsylvania Turnpike Commission from using eminent domain to acquire property for turnpike projects.

Referred to Transportation
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WeVote Research Nonpartisan
Bill Summary · HB 2205

Overview

HB 2205 (Session 2025-2026, Pennsylvania) would modify how the Pennsylvania Turnpike Commission acquires property rights by removing the commission’s authority to condemn property and by repealing provisions related to entry and possession of condemned property. The bill would also repeal permissive condemnation provisions and cap changes to procedural rules governing acquisition. It includes transitional provisions and a 60-day effective date.

Purpose and intent

  • To restrict or eliminate the Turnpike Commission’s ability to condemn land and other property for turnpike-related projects.
  • To remove the procedural framework that previously authorized entry onto condemned property and possession by the commission.
  • To prohibit the commission from using eminent domain to acquire property for turnpike purposes, effectively requiring other methods for acquiring property or altering how acquisitions occur.

Key provisions and changes

  • Section 8109(a) (as amended): Amends the provision on acquisition of property rights by the commission. The language that previously authorized condemnation under eminent domain is replaced or clarified to limit or change the commission’s authority.
  • Section 8110(a) (as amended): Amends procedural requirements of acquisition. The section’s prior language about taking title to condemned property in the name of the commission is revised.
  • Section 8111 repealed: Removes the existing provision titled “Entry and possession of property condemned,” which allowed the commission to obtain possession through eminent domain procedures.
  • Section 8122 amended: Replaces the prior “Reserved” status with a provision titled “Condemnation by commission prohibited.” This explicitly prohibits the commission from condemning lands, interests, rights-of-way, etc., for acquisition or possession, effectively disallowing eminent-domain actions by the commission.
  • Section 4 (Non-applicability): Clarifies that the act does not apply to proceedings commenced or actions taken by the commission before the effective date.
  • Section 5 (Effective date): The act would take effect 60 days after enactment.

Who or what would be affected

  • The Pennsylvania Turnpike Commission would be directly affected, as the bill limits or eliminates its authority to condemn property for turnpike projects.
  • Property owners, developers, and other stakeholders along potential or planned turnpike corridors would be affected by changes in acquisition methods and timelines.
  • Related public works and infrastructure project processes involving the Turnpike Commission would shift away from eminent domain-based acquisitions toward alternative methods (e.g., willing acquisitions, procurement, or other statutory processes, not detailed in the text provided).

Procedural and timeline aspects

  • Repeals and amendments are focused on removing condemnation authority and entry/possession procedures.
  • The bill specifies that it does not apply to prior proceedings or actions taken before the effective date.
  • Effective date is 60 days after enactment, providing a transitional period before the prohibitions take full effect.

Implications and considerations

  • The bill would constrain the Turnpike Commission’s ability to acquire land, potentially delaying or preventing project advancement if alternative acquisition methods are not readily available or defined.
  • Property owners may gain greater protection against compelled acquisitions, but the state would need alternative approaches to secure rights needed for turnpike projects.
  • Depending on how “other methods” of acquisition are implemented in future legislation or regulations, there could be shifts in project timelines, cost structures, and negotiation dynamics.

Note: This summary is based on the text of HB 2205 as introduced and amended in this filing. For complete understanding, consultation of the bill’s full text, fiscal impact statements, and committee analyses is recommended.

Compiled from official sources — confirm details with the bill’s official record.

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