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Right to enter property prior to condemnation - 26 Pa. Cons. Stat. § 309Legal Research Home > Pennsylvania Statutes
§ 309. Right to enter property prior to condemnation.
(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 the land or the
party in whose name the property is assessed shall be notified
ten days prior to entry on the property.
(c) Damages.--
(1) Any actual damages sustained by the owner of a
property interest in the property entered upon by the
condemnor shall be paid by the condemnor.
(2) Damages shall be assessed by the court, or the court
may refer the matter to viewers to ascertain and assess the
damages sustained by the condemnee.
(d) Construction.--The exercise of this right of entry by
the condemnor shall neither constitute a condemnation nor be
interpreted as a notice of an intent to acquire the real
property.
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Last modified: November 27, 2007 |