LMSD's Stoneleigh Proposal Prompts Eminent Domain Limitation Bill

LOWER MERION TOWNSHIP, PA – The Lower Merion School District has another opponent to its idea of taking part of the Stoneleigh Estate to accommodate a growing school population, as State Rep. Warren Kampf (R-Montgomery/Chester) introduced a bill proposing eminent domain limitations.

The district has floated eminent domain to take part of the Stoneleigh property, which led Kampf to introduce House Bill 2486, which would limit the scope of eminent domain's use.

"The Lower Merion School District has decided to use eminent domain to condemn privately owned land permanently preserved by conservation easement, over the objections of many residents of the community," Kampf said in a press release o the bill. "This bill will do what most people thought would have happened to all preserved land."

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Should it be signed into law, the bill would amend the state's Eminent Domain Code to add a new section that would require any government agency to obtain Orphans’ Court approval before using eminent domain to take permanently preserved land, similar to the Agricultural Area Security Law, which requires additional scrutiny before condemnation of agricultural lands. The Orphans’ Court is given authority in the Donated and Dedicated Property Act over certain transactions related to publicly owned lands held for public uses.

Kampf's bill is cosponsored by Reps. Marcy Toepel (R-Montgomery) and Kate Harper (R-Montgomery).

"We must limit a government agency’s ability to use the Eminent Domain Code to override the preservation of our open space and parkland," Toepel said in a statement.

Published June 7, a piece by the Philadelphia Inquirer's editorial board says the district "wants to make the entire region pay for its mistakes" and accuses the district of not properly planning for its burgeoning enrollment numbers.

The piece also takes Lower Merion Township to task, saying it allowed for "sprawl expansion" in the area, which in turn allowed for more residents to call the township home.

Local, regional, and even some national groups have come out against the move, creating a social media hashtag of "SaveStoneleigh." Natural Lands, to which the Haas family gifted the Stoneleigh property, is the driving force behind the campaign.

The group has even launched a petition to stop the expansion to the property. See the petition here.

District officials began eyeing part of the Villanova-area estate after it found other proposed locations for potential expansion were not viable.

At the May 21 Lower Merion School District board meeting, numerous opponents of the idea attended the meeting, many wearing shirts with the "SaveStoneleigh" hashtag.

Despite the pushback and bill, the district is still considering this and other options to address the growth issue.

"The District is aware of this proposal," a statement from the district said. "At this time, all options remain under consideration as we seek the best options for our students in light of the challenges posed by our rapidly increasing enrollment."

Patch has reached out to Natural Lands for comment on the bill.

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