Preservation and Eminent Domain
Lately, our social media has been flooded with one question: What happens to preserved farms when eminent domain comes into play? Eminent domain can be a tricky thing to understand, especially when conservation easements are involved. So, we’re breaking down what eminent domain actually means, how it works, and what it means for farms preserved by Lancaster Farmland Trust (LFT) and other preservation organizations.
What is Eminent Domain?
We’ve been hearing a lot about eminent domain recently, but what exactly is it?
The term “eminent domain” refers to the government’s power to take private property and convert it to public use, even without the property owners’ consent. However, the Fifth Amendment stipulates that the government must provide just compensation to the landowner for their land, and there must be proof that the seizure will increase the general public’s welfare. For example, eminent domain is most commonly used in the U.S. to develop and expand transportation services (such as roads and railroads), water supply, and public building construction.
Are Preserved Farms Protected Against Eminent Domain?
The short answer? Yes and no. While eminent domain seizures could technically still occur on a preserved farm, the farm’s conservation easement and relationship with its land trust provide additional legally recognized property interests that other farms don’t have. In short, this means declaring eminent domain on a preserved farm takes longer and costs more, often deterring eminent domain seizure.
Plus, with some legal exceptions, an eminent domain condemnation cannot happen on farmland with a conservation easement unless a court determines there is “no reasonable and prudent alternative” to the use of the land in question. Again, this adds another step to the process, making farms with conservation easements less of a target for eminent domain.
LFT and Eminent Domain
As with other land trusts, when LFT holds an easement on a property, we become a legal interest holder. That means any eminent domain proceeding must address our interest as well as the landowner’s, adding complexity and cost to the process.
Beyond the easement itself, LFT also enrolls farms into Agricultural Security Areas (ASAs). This Pennsylvania program adds another layer of protection and further raises the bar for any eminent domain action to proceed. When the government seeks to seize land in an ASA, the condemnation proposal must be reviewed by the Agricultural Lands Condemnation Approval Board. The Board must then hold a public hearing to discuss the approval of the condemnation request. The Board can only approve eminent domain action if a list of conditions applies to the land.
According to WeConservePA, the Board may approve the proposed condemnation only if it does not harm the enhancement of agriculture and preservation within the area, the environmental plans of the county, municipality, and state, and if there is no reasonable alternative to the use of the agricultural security area. Again, these stipulations and hearings add complexity, cost, and time to the process, making LFT-preserved farms a harder target for seizure.
So, is a preserved farm completely off-limits to eminent domain? Not entirely — but it’s far from an easy target. Between the conservation easement, LFT’s standing as a legal interest-holder, and ASA enrollment, preserved farms face a longer, costlier, and more scrutinized process than unprotected land.
Want to do your part to protect more farms from development? Click here to learn more about LFT’s preservation process, or click here to learn about ways you can get involved and spread the word to others!
References:
https://library.weconservepa.org/guides/193-eminent-domain-and-conserved-land-in-pennsylvania
https://www.law.cornell.edu/wex/eminent_domain
https://www.sctlandtrust.org/what-happens-to-conservation-easements-when-eminent-domain-is-used
