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Abandonment of project - 26 Pa. Cons. Stat. § 310

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     § 310.  Abandonment of project.
        (a)  Disposition of property.--If a condemnor has condemned a
     fee and then abandons the purpose for which the property has
     been condemned, the condemnor may dispose of it by sale, lease,
     gift, devise or other transfer with the following restrictions:
            (1)  If the property is undeveloped or has not been
        substantially improved, it may not be disposed of within ten
        years after condemnation without first being offered to the
        condemnee at the same price paid to the condemnee by the
        condemnor.
            (2)  If the property is located outside the corporate
        boundaries of a county of the first or second class and is
        undeveloped or has not been substantially improved and was
        devoted to agricultural use at the time of the condemnation,
        it may not be disposed of within 21 years after condemnation
        without first being offered to the condemnee at the same
        price paid to the condemnee by the condemnor.
            (3)  If the property is undeveloped or has not been
        substantially improved and the offers required to be made
        under paragraphs (1) and (2) have not been accepted, the
        property shall not be disposed of by any condemnor, acquiring
        agency or subsequent purchaser for a nonpublic use or purpose
        within 21 years after condemnation. Upon petition by the
        condemnor, the court may permit disposal of the property in
        less than 21 years upon proof by a preponderance of the
        evidence that a change in circumstances has abrogated the
        original public purpose for which the property was taken.
        (b)  Notice.--The condemnee shall be served with notice of
     the offer in the same manner as prescribed for the service of
     notices in section 305(b) (relating to notice to condemnee) and
     shall have 90 days after receipt of notice to make written
     acceptance.
        (c)  Certain conditional offers prohibited.--The condemnor
     may not condition any offer required to be made to a condemnee
     under subsection (a) on the payment by the condemnee of
     additional fees, real estate taxes or payments in lieu of taxes
     or other costs.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Agricultural commodity."  As defined in section 2 of the act
     of June 10, 1982 (P.L.454, No.133), referred to as the Right-to-
     Farm Law.
        "Agricultural use."  Land which is used for the purpose of
     producing an agricultural commodity or is devoted to and meets
     the requirements and qualifications for payments or other
     compensation pursuant to a soil conservation program under an
     agreement with an agency of the Federal Government. Land
     containing a farmhouse or other buildings related to farming
     shall be deemed to be in agricultural use. The term includes a
     woodlot and land which is rented to another person and used for
     the purpose of producing an agricultural commodity.

Last modified: November 27, 2007