Robbins: Senate Acts to Restore "Fair Share" Lawsuit Reform, Restrict Eminent Domain

Harrisburg – The Pennsylvania Senate this week passed reform measures aimed at restoring the 2002 "Fair Share" lawsuit reform law and restricting the ability of government to pursue eminent domain land seizures, according to Senator Bob Robbins (R-50), who co-sponsored both bills.

Robbins said that Senate Bill 435 brings Pennsylvania in line with lawsuit reform in 44 other states by eliminating "joint and severability" in cases where a defendant is found to be less than 60 percent responsible. Under the doctrine of joint and several liability, anyone found even 1, 5 or 10 percent liable in a civil suit can be held 100 percent financially responsible. A plaintiff may recover the full amount of an award from any defendant. The result is that litigants often go after people with "deep pockets," which is not only unfair, but it puts Pennsylvania at a disadvantage with other states.

Pennsylvania enacted a similar law in 2002, but the Pennsylvania Commonwealth Court later struck the law down due to procedural issues.

"The court ruled only on the process in which Act 57 of 2002 was enacted -- not the merits of the legislation," said Robbins. "Enacting this reform will restore fairness and common sense to litigation in the Commonwealth."

The bill was sent to the House of Representatives for further consideration.

Robbins said the Senate also unanimously passed Senate Bill 881, the "Property Rights Protection Act," which would make Pennsylvania the first state to comprehensively rein in eminent domain abuse. The legislation was spurred by Kelo v. City of New London, Connecticut, a 2005 U.S. Supreme Court decision allowing municipalities to seize an individual's property and transfer it to private developers for non-governmental use.

Under Senate Bill 881, the use of eminent domain would be prohibited for private economic development and the definition of "blight" would be tightened. According to current law, an area can be razed if 10 or 15 percent of its buildings have supposed blight. The legislation would require a majority of the property in an area to be blighted in order to use eminent domain, Robbins said.

"I am pleased that groups on both sides of this issue came together to protect a basic American right -- keeping your property," said Robbins. "In the wake of the Supreme Court ruling, it is vital that Pennsylvania take action to prevent abuse of eminent domain."

Senate Bill 881 has been sent to the House of Representatives for further consideration.

CONTACT: Nate Silcox (717) 787-1322