Revocation of condemnation proceedings - 26 Pa. Cons. Stat. § 308

Legal Research Home > Pennsylvania Statutes

     § 308.  Revocation of condemnation proceedings.
        (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 and payment of compensation) or as to which
        the condemnee has not tendered possession of the condemned
        property as provided in section 307, may relinquish all or
        any part of the property condemned that it has not taken
        actual possession of for use in the improvement.
            (2)  The title shall then revest in the condemnee as of
        the date of the filing of the declaration of taking, and all
        mortgages and other liens existing as of that date and not
        thereafter discharged shall be reinstated.
        (b)  Notice.--Notice of the relinquishment shall be:
            (1)  Recorded in the office of the recorder of deeds of
        the county in which the property taken is located, with the
        condemnor as the grantor and the condemnee as the grantee.
            (2)  Served on the condemnee, any mortgagee of record and
        any lienholder of record in the same manner as provided for
        service of the declaration of taking.
        (c)  Fees.--The fees payable to the recorder for recording
     the notice of relinquishment shall be in the same amounts as
     provided in section 304(c) (relating to recording notice of
     condemnation).
        (d)  Costs and expenses.--Where condemned property is
     relinquished, the condemnee shall be reimbursed by the condemnor
     for reasonable costs and expenses as provided in section 306(g)
     (relating to preliminary objections).
        (e)  Agreement.--The condemnor and the condemnee, without the
     filing of a declaration of relinquishment, may by agreement
     effect a revesting of title in the condemnee which agreement
     shall be properly recorded.

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

Last modified: November 27, 2007