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Preliminary objections - 26 Pa. Cons. Stat. § 306

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     § 306.  Preliminary objections.
        (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 preliminary objections.
            (3)  Preliminary objections shall be limited to and shall
        be the exclusive method of challenging:
                (i)  The power or right of the condemnor to
            appropriate the condemned property unless it has been
            previously adjudicated.
                (ii)  The sufficiency of the security.
                (iii)  The declaration of taking.
                (iv)  Any other procedure followed by the condemnor.
        (b)  Waiver.--Failure to raise by preliminary objections the
     issues listed in subsection (a) shall constitute a waiver.
     Issues of compensation may not be raised by preliminary
     objections.
        (c)  Grounds to be stated.--Preliminary objections shall
     state specifically the grounds relied on.
        (d)  When raised.--All preliminary objections shall be raised
     at one time and in one pleading. They may be inconsistent.
        (e)  Service.--The condemnee shall serve a copy of the
     preliminary objections on the condemnor within 72 hours after
     filing them.
        (f)  Disposition.--
            (1)  The court shall determine promptly all preliminary
        objections and make preliminary and final orders and decrees
        as justice shall require, including the revesting of title.
            (2)  If an issue of fact is raised, the court shall take
        evidence by depositions or otherwise.
            (3)  The court may allow amendment or direct the filing
        of a more specific declaration of taking.
        (g)  Costs and expenses.--
            (1)  If preliminary objections which have the effect of
        terminating the condemnation are sustained, the condemnor
        shall reimburse the condemnee for reasonable appraisal,
        attorney and engineering fees and other costs and expenses
        actually incurred because of the condemnation proceedings.
            (2)  The court shall assess costs and expenses under this
        subsection.

        Cross References.  Section 306 is referred to in sections
     303, 307, 308, 519, 710 of this title.

Last modified: November 27, 2007