Declaration of taking - 26 Pa. Cons. Stat. § 302

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     § 302.  Declaration of taking.
        (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 title which the condemnor acquires in the
        property condemned shall pass to the condemnor on the date of
        the filing, and the condemnor shall be entitled to possession
        under section 307 (relating to possession, right of entry and
        payment of compensation).
        (b)  Contents.--The declaration of taking shall be in writing
     and executed by the condemnor and shall be captioned as a
     proceeding in rem and contain the following:
            (1)  The name and address of the condemnor.
            (2)  A specific reference to the statute and section
        under which the condemnation is authorized.
            (3)  A specific reference to the action, whether by
        ordinance, resolution or otherwise, by which the declaration
        of taking was authorized, including the date when the action
        was taken and the place where the record may be examined.
            (4)  A brief description of the purpose of the
        condemnation.
            (5)  A description of the property condemned, sufficient
        for identification, specifying the municipal corporation and
        the county or counties where the property taken is located, a
        reference to the place of recording in the office of the
        recorder of deeds of plans showing the property condemned or
        a statement that plans showing the property condemned are on
        the same day being lodged for record or filed in the office
        of the recorder of deeds in the county in accordance with
        section 304 (relating to recording notice of condemnation).
            (6)  A statement of the nature of the title acquired, if
        any.
            (7)  A statement specifying where a plan showing the
        condemned property may be inspected in the county in which
        the property taken is located.
            (8)  A statement of how just compensation has been made
        or secured.
        (c)  More than one property included in declaration.--The
     condemnor may include in one declaration of taking any or all of
     the properties specified in the action by which the declaration
     of taking was authorized.
        (d)  Fee.--The prothonotary shall charge one fee for filing
     each declaration of taking, which shall be the same regardless
     of the number of properties or condemnees included.
        (e)  Filing.--The condemnor shall file within one year of the
     action authorizing the declaration of taking a declaration of
     taking covering all properties included in the authorization not
     otherwise acquired by the condemnor within this time.

Last modified: November 27, 2007