Pennsylvania Statutes Title 71 P.S. State Government § 106. Agricultural Lands Condemnation Approval Board (Adm. Code § 306)

(a) The Agricultural Lands Condemnation Approval Board is hereby created as an independent administrative board and shall be made up of six (6) members, consisting of the Director of the Office of Policy and Planning, or his designee, the Secretary of Agriculture, or his designee, the Secretary of Environmental Resources, or his designee, the Secretary of Transportation, or his designee, and two active farmers appointed by the Governor, with the advice and consent of a majority of the Senate, for a term of four (4) years. The Secretary of Agriculture shall be chairman of such committee and shall convene the committee from time to time as needed to carry out its duties. The farm members of the committee shall be reimbursed for actual expenses incurred in the performance of their duties. Such expenses and any others incurred by the committee shall be paid for from appropriations made to the Office of State Planning and Development.

(b) Before condemning for any of the purposes set forth in subsection (d) any agricultural lands, as classified by the Agricultural Soil Conservation Service of the United States Department of Agriculture, which lands are being used for productive agricultural purposes, but not including the growing of timber, the Commonwealth of Pennsylvania and any of its political subdivisions, agencies or authorities shall request the Agricultural Lands Condemnation Approval Board to determine that there is no reasonable and prudent alternative to the utilization of such lands for the project.

(c) The board shall have sixty (60) days in which to determine whether there is a feasible and prudent alternative to the condemnation. If the board determines that there is no feasible and prudent alternative, or if the board fails to act within sixty (60) days of receipt of the request, the requesting body may proceed to condemn, otherwise, the condemnation shall not be effected.

(d) The board shall have jurisdiction over condemnation for the following purposes: