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Notice to condemnee - 26 Pa. Cons. Stat. § 305Legal Research Home > Pennsylvania Statutes
§ 305. Notice to condemnee.
(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 this
Commonwealth, by any competent adult in the same manner as in
a civil action or by registered mail to the last known
address of the person being served.
(2) If service cannot be made in the manner set forth
under paragraph (1), then service shall be made by posting a
copy of the notice upon the most public part of the property
and by publication of a copy of the notice, omitting the plot
plan required by subsection (c)(9), one time each in one
newspaper of general circulation and the legal journal, if
any, published in the county.
(c) Contents.--The notice to be given the condemnee shall
state:
(1) The caption of the case.
(2) The date of filing of the declaration of taking and
the court term and number.
(3) The name of the condemnee to whom it is directed.
(4) The name and address of the condemnor.
(5) A specific reference to the statute and section
under which the condemnation action is authorized.
(6) 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.
(7) A brief description of the purpose of the
condemnation.
(8) A statement that the condemnee's property has been
condemned and a reasonable identification of the property.
(9) In the case of a partial taking, a plot plan showing
the condemnee's entire property and the area taken.
(10) A statement of the nature of the title acquired.
(11) A statement specifying where a plan showing the
condemned property may be inspected in the county in which
the property taken is located.
(12) A statement of how just compensation has been made
or secured.
(13) A statement that, if the condemnee wishes to
challenge the power or the right of the condemnor to
appropriate the condemned property, the sufficiency of the
security, the procedure followed by the condemnor or the
declaration of taking, the condemnee must file preliminary
objections within 30 days after being served with notice of
condemnation.
(d) Compliance.--Service of a copy of the declaration of
taking, together with the information and notice required by
subsection (c)(2), (8), (9) and (13), shall constitute
compliance with the notice requirements of this section.
(e) Proof of service.--The condemnor shall file proof of
service of the notice.
Cross References. Section 305 is referred to in section 310
of this title.
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Last modified: November 27, 2007 |