Title 26, EMINENT DOMAIN

(a) Authority.--Except as set forth in subsection (b), the limitations and protections set forth in this chapter apply to the exercise of eminent domain by a condemnor. (b) Exception.--This chapter does not affect any of the following: (1) The jurisdiction or power of the Pennsyl…

(a) Prohibition.--Except as set forth in subsection (b), the exercise by any condemnor of the power of eminent domain to take private property in order to use it for private enterprise is prohibited. (b) Exception.--Subsection (a) does not apply if any of the following apply: (1)…

(a) Scope.--This section applies notwithstanding the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law. (b) Single property.--For purposes of acquiring a single unit of property by eminent domain, a condemnor is authorized or permitted to declare a prope…

(a) General rule.--Except as set forth in subsection (b), no political subdivision shall exercise eminent domain authority against land that is situated in another political subdivision without the approval by resolution of the governing body of the political subdivision in which…

(a) Approval required.--Notwithstanding any provision of law to the contrary, approval by the Agricultural Lands Condemnation Approval Board shall be required prior to the exercise of eminent domain authority by any agency of the Commonwealth or political subdivision or municipal…

(a) Approval required.--Except as provided in subsection (g), no political subdivision, authority, public utility or other body having or exercising powers of eminent domain shall condemn any land subject to a conservation easement for any purpose, unless prior approval has been …

(a) General rule.--A condemnation proceeding shall be brought in the court of the county in which the property is located or, if the property is located in two or more counties, in the court of any one of the counties. (b) Multiple counties.--Where the property is located in two …

(a) Condemnation and passage of title.-- (1) Condemnation under the power of condemnation given by law to a condemnor shall be effected only by the filing in court of a declaration of taking with the security required under section 303(a) (relating to security required). (2) The …

(a) Bond.--Except as provided in subsection (b), every condemnor shall give security to effect the condemnation by filing with the declaration of taking its bond, without surety, to the Commonwealth for the use of the owner of the property interests condemned, the condition of wh…

(a) County of recording.-- (1) The condemnor, upon filing its declaration of taking, shall on the same day lodge for record a notice of the declaration in the office of the recorder of deeds of the county in which the property is located. (2) If the property is located in two or …

(a) Written notice.--Within 30 days after the filing of the declaration of taking, the condemnor shall give written notice of the filing to the condemnee, to any mortgagee of record and to any lienholder of record. (b) Service.-- (1) The notice shall be served, within or without …

(a) Filing and exclusive method of challenging certain matters.-- (1) Within 30 days after being served with notice of condemnation, the condemnee may file preliminary objections to the declaration of taking. (2) The court upon cause shown may extend the time for filing prelimina…

(a) Possession or right of entry of condemnor.-- (1) (i) The condemnor, after the expiration of the time for filing preliminary objections by the condemnee to the declaration of taking, shall be entitled to possession or right of entry upon payment of or a written offer to pay to…

(a) Declaration of relinquishment.-- (1) The condemnor, by filing a declaration of relinquishment in court within two years from the filing of the declaration of taking and before having made the payment provided in section 307(a) or (b) (relating to possession, right of entry an…

(a) General rule.--Prior to the filing of the declaration of taking, the condemnor or its employees or agents shall have the right to enter upon any land or improvement in order to make studies, surveys, tests, soundings and appraisals. (b) Notice to owner required.--The owner of…

(a) Disposition of property.--If a condemnor has condemned a fee and then abandons the purpose for which the property has been condemned, the condemnor may dispose of it by sale, lease, gift, devise or other transfer with the following restrictions: (1) If the property is undevel…

At any stage of the proceedings, the condemnor and the condemnee may agree upon all or any part or item of the damages and proceed to have those parts or items not agreed upon assessed as provided in this chapter. The condemnor may make payment of any part or item agreed upon.

(a) Contents of petition.--A condemnor, condemnee or displaced person may file a petition requesting the appointment of viewers, setting forth: (1) A caption designating the condemnee or displaced person as the plaintiff and the condemnor as the defendant. (2) The date of the fil…

In every proceeding: (1) At least one of the viewers appointed shall be an attorney at law who shall be chairman of the board and who shall attend the view. (2) At least two of the three viewers appointed shall view the property in question.

(a) Court to appoint.-- (1) Upon the filing of a petition for the appointment of viewers, the court, unless preliminary objections to the validity of the condemnation or jurisdiction warranting delay are pending, shall promptly appoint three viewers who shall view the premises, h…

(a) General rule.--Notice of the view and hearing shall be served, within or without this Commonwealth, by any competent adult in the same manner as a civil action or by registered mail, return receipt requested, to the last known address of the condemnee and condemnor. (b) Publi…

(a) Identification.--The condemnee, at or before the hearing at which the claim is presented, shall furnish the viewers and the condemnor with the names and addresses of all other condemnees known to the condemnee to have an interest in his property and the nature of their intere…

(a) Required.--The claims of all the owners of the condemned property, including joint tenants, tenants in common, life tenants, remaindermen, owners of easements or ground rents and all others having an interest in the property and the claims of all tenants, if any, of the prope…

The court on its own motion may, or on petition of any party in interest shall, appoint a trustee ad litem or guardian ad litem, as may be appropriate, in accordance with general rules.

(a) Duty of condemnor.--The condemnor shall provide the viewers at or before the view with a plan showing the entire property involved, the improvements, the extent and nature of the condemnation and any other physical data, including grades, as may be necessary for the proper de…

(a) Proceedings.-- (1) The viewers may adjourn the proceedings from time to time. Upon request of the viewers or a party, the court which appointed the viewers shall issue a subpoena to testify or to produce books and documents. (2) All the viewers shall act unless prevented by s…

(a) Facilities.--All viewers' hearings shall be held publicly in a suitable place within the county designated by the court. (b) Stenographic notes.--Whenever in the opinion of the viewers it is desirable, accurate stenographic notes of hearings shall be taken, and copies of the …

The viewers shall file a report which shall include in brief and concise paragraph form: (1) The date of their appointment as viewers. (2) A reference to the notices of the time and place of view and hearing with proof of service of notices, which shall be attached to the report.…

If a majority of the viewers do not agree on a decision, three new viewers shall be appointed by the court upon application of any interested party.

(a) Time period for filing.--The viewers shall file their report within 30 days of their final hearing or within 30 days from the filing of the transcription of the stenographic notes of testimony. The transcription shall be filed within 30 days of the final hearing. (b) Copy of …

(a) Multiple properties or claims.--The viewers may include in one report one or more properties or claims under section 902 (relating to moving and related expenses of displaced persons) referred to them under the same or separate petitions if the properties are included in the …

(a) Extent of right.-- (1) Any party aggrieved by the decision of the viewers may appeal to the court. The appeal shall raise all objections of law or fact to the viewers' report. (2) The appeal shall be signed by the appellant or an attorney or agent, and no verification shall b…

(a) Contents.--The appeal shall set forth: (1) The name of appellant and appellee. (2) A brief description or identification of the property involved and the condemnee's interest. (3) A reference to the proceedings appealed from and the date of the filing of the viewers' report. …

An appeal shall be disposed as follows: (1) All objections, other than to the amount of the award, raised by the appeal shall be determined by the court preliminarily. (2) The court may confirm, modify or change the report or refer it back to the same or other viewers. A decree c…

(a) Severance damages.--Upon appeal from an award of viewers, the court upon the request of the plaintiff shall, after the jury or the court, if the trial is without jury, has returned its general verdict, make a specific finding and allocation of the amount of the general verdic…

(a) Waiver of viewers' proceedings.--The condemnor and condemnee may, by written agreement filed with and approved by the court, waive proceedings before viewers and proceed directly to the court on agreed issues of law or fact. The proceedings shall then be the same as on appeal…

(a) Liens.-- (1) Damages payable to a condemnee under sections 701 (relating to just compensation; other damages) through 707 (relating to removal of machinery, equipment or fixtures), 713 (relating to delay compensation), 714 (relating to consequential damages), 715 (relating to…

(a) Payment into court.-- (1) Upon refusal to accept payment of the damages or of the estimated just compensation under section 307 (relating to possession, right of entry and payment of compensation) or if the party entitled thereto cannot be found or if for any other reason the…

A condemnee shall be entitled to just compensation for the taking, injury or destruction of the condemnee's property, determined as set forth in this chapter. Other damages shall also be paid or awarded as provided in this title. Cross References. Section 701 is referred to in se…

(a) Just compensation.--Just compensation shall consist of the difference between the fair market value of the condemnee's entire property interest immediately before the condemnation and as unaffected by the condemnation and the fair market value of the property interest remaini…

Fair market value shall be the price which would be agreed to by a willing and informed seller and buyer, taking into consideration but not limited to the following factors: (1) The present use of the property and its value for that use. (2) The highest and best reasonably availa…

Any change in the fair market value prior to the date of condemnation which the condemnor or condemnee establishes was substantially due to the general knowledge of the imminence of condemnation, other than that due to physical deterioration of the property within the reasonable …

Where all or a part of several contiguous tracts in substantially identical ownership is condemned or a part of several noncontiguous tracts in substantially identical ownership which are used together for a unified purpose is condemned, damages shall be assessed as if the tracts…

(a) General rule.--In determining the fair market value of the remaining property after a partial taking, consideration shall be given to the use to which the property condemned is to be put and the damages or benefits specially affecting the remaining property due to its proximi…

(a) Notice to condemnee.--In the event the condemnor does not require for its use machinery, equipment or fixtures forming part of the real estate, it shall so notify the condemnee. (b) Condemnee election.-- (1) The condemnee may within 30 days of the notice elect to remove the m…