Eminent Domain - 26 Pa. Cons. Stat.

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Chapter 1. General Provisions

• § 101.  Short title of title.
  This title shall be known and may be cited as the Eminent Domain Code. ...
• § 102.  Application of title.
  (a) General rule.--This title provides a complete and exclusive procedure and law to govern all condemnations of property for public purposes and the assessment of ...
• § 103.  Definitions.
  Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases ...

Chapter 2. Limitations on Use of Eminent Domain

• § 201.  Short title of chapter.
  This chapter shall be known and may be cited as the Property Rights Protection Act. ...
• § 202.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 203.  Applicability.
  (a) Authority.--Except as set forth in subsection (b), the limitations and protections set forth in this chapter apply to the exercise of eminent domain by ...
• § 204.  Eminent domain for private business prohibited.
  (a) Prohibition.--Except as set forth in subsection (b), the exercise by any condemnor of the power of eminent domain to take private property in order ...
• § 205.  Blight.
  (a) Scope.--This section applies notwithstanding the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law. (b) Single property.--For purposes of acquiring ...
• § 206.  Extraterritorial takings.
  (a) General rule.--Except as set forth in subsection (b), no political subdivision shall exercise eminent domain authority against land that is situated in another political ...
• § 207.  Eminent domain of agricultural property.
  (a) Approval required.--Notwithstanding any provision of law to the contrary, approval by the Agricultural Lands Condemnation Approval Board shall be required prior to the exercise ...

Chapter 3. Precedure to Condemn

• § 301.  Venue.
  (a) General rule.--A condemnation proceeding shall be brought in the court of the county in which the property is located or, if the property is ...
• § 302.  Declaration of taking.
  (a) Condemnation and passage of title.-- (1) Condemnation under the power of condemnation given by law to a condemnor shall be effected only by the ...
• § 303.  Security required.
  (a) Bond.--Except as provided in subsection (b), every condemnor shall give security to effect the condemnation by filing with the declaration of taking its bond, ...
• § 304.  Recording notice of condemnation.
  (a) County of recording.-- (1) The condemnor, upon filing its declaration of taking, shall on the same day lodge for record a notice of the ...
• § 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, ...
• § 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 ...
• § 307.  Possession, right of entry and payment of compensation.
  (a) Possession or right of entry of condemnor.-- (1) (i) The condemnor, after the expiration of the time for filing preliminary objections by the condemnee ...
• § 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 ...
• § 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 ...
• § 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 ...

Chapter 5. Procedure for Determining Damages

• § 501.  Agreement as to damages.
  At any stage of the proceedings, the condemnor and the condemnee may agree upon all or any part or item of the damages and proceed ...
• § 502.  Petition for appointment of viewers.
  (a) Contents of petition.--A condemnor, condemnee or displaced person may file a petition requesting the appointment of viewers, setting forth: (1) A caption designating the ...
• § 503.  View.
  In every proceeding: (1) At least one of the viewers appointed shall be an attorney at law who shall be chairman of the board and ...
• § 504.  Appointment of viewers.
  (a) Court to appoint.-- (1) Upon the filing of a petition for the appointment of viewers, the court, unless preliminary objections to the validity of ...
• § 505.  Service of notice of view and hearing.
  (a) General rule.--Notice of the view and hearing shall be served, within or without this Commonwealth, by any competent adult in the same manner as ...
• § 506.  Additional condemnees, mortgagees and intervention.
  (a) Identification.--The condemnee, at or before the hearing at which the claim is presented, shall furnish the viewers and the condemnor with the names and ...
• § 507.  Joint claims.
  (a) Required.--The claims of all the owners of the condemned property, including joint tenants, tenants in common, life tenants, remaindermen, owners of easements or ground ...
• § 508.  Appointment of trustee or guardian ad litem.
  The court on its own motion may, or on petition of any party in interest shall, appoint a trustee ad litem or guardian ad litem, ...
• § 509.  Furnishing of plans to viewers.
  (a) Duty of condemnor.--The condemnor shall provide the viewers at or before the view with a plan showing the entire property involved, the improvements, the ...
• § 510.  Powers of viewers.
  (a) Proceedings.-- (1) The viewers may adjourn the proceedings from time to time. Upon request of the viewers or a party, the court which appointed ...
• § 511.  Administrative matters for viewers' hearings.
  (a) Facilities.--All viewers' hearings shall be held publicly in a suitable place within the county designated by the court. (b) Stenographic notes.--Whenever in the opinion ...
• § 512.  Report of viewers.
  The viewers shall file a report which shall include in brief and concise paragraph form: (1) The date of their appointment as viewers. (2) A ...
• § 513.  Disagreement.
  If a majority of the viewers do not agree on a decision, three new viewers shall be appointed by the court upon application of any ...
• § 514.  Filing of report of viewers.
  (a) Time period for filing.--The viewers shall file their report within 30 days of their final hearing or within 30 days from the filing of ...
• § 515.  Reports.
  (a) Multiple properties or claims.--The viewers may include in one report one or more properties or claims under section 902 (relating to moving and related ...
• § 516.  Right of appeal.
  (a) Extent of right.-- (1) Any party aggrieved by the decision of the viewers may appeal to the court. The appeal shall raise all objections ...
• § 517.  Appeals.
  (a) Contents.--The appeal shall set forth: (1) The name of appellant and appellee. (2) A brief description or identification of the property involved and the ...
• § 518.  Disposition of appeal.
  An appeal shall be disposed as follows: (1) All objections, other than to the amount of the award, raised by the appeal shall be determined ...
• § 519.  Allocation of damages.
  (a) Severance damages.--Upon appeal from an award of viewers, the court upon the request of the plaintiff shall, after the jury or the court, if ...
• § 520.  Waiver of viewers' proceedings and termination by stipulation.
  § 520. Waiver of viewers' proceedings and termination by stipulation. (a) Waiver of viewers' proceedings.--The condemnor and condemnee may, by written agreement filed with and ...
• § 521.  Liens and distribution of damages.
  (a) Liens.-- (1) Damages payable to a condemnee under sections 701 (relating to just compensation; other damages) through 707 (relating to removal of machinery, equipment ...
• § 522.  Payment into court and distribution.
  (a) Payment into court.-- (1) Upon refusal to accept payment of the damages or of the estimated just compensation under section 307 (relating to possession, ...

Chapter 7. Just Compensation and Measure of Damages

• § 701.  Just compensation; other damages.
  A condemnee shall be entitled to just compensation for the taking, injury or destruction of the condemnee's property, determined as set forth in this chapter. ...
• § 702.  Measure of damages.
  (a) Just compensation.--Just compensation shall consist of the difference between the fair market value of the condemnee's entire property interest immediately before the condemnation and ...
• § 703.  Fair market value.
  Fair market value shall be the price which would be agreed to by a willing and informed seller and buyer, taking into consideration but not ...
• § 704.  Effect of imminence of condemnation.
  Any change in the fair market value prior to the date of condemnation which the condemnor or condemnee establishes was substantially due to the general ...
• § 705.  Contiguous tracts and unity of use.
  Where all or a part of several contiguous tracts in substantially identical ownership is condemned or a part of several noncontiguous tracts in substantially identical ...
• § 706.  Effect of condemnation use on after value.
  (a) General rule.--In determining the fair market value of the remaining property after a partial taking, consideration shall be given to the use to which ...
• § 707.  Removal of machinery, equipment or fixtures.
  (a) Notice to condemnee.--In the event the condemnor does not require for its use machinery, equipment or fixtures forming part of the real estate, it ...
• § 708.  Expenses incidental to transfer of title.
  An acquiring agency shall, on the date of payment of the purchase price of amicably acquired real property or of payment or tender of estimated ...
• § 709.  Condemnee's costs where no declaration of taking filed.
  Where proceedings are instituted by a condemnee under section 502(c) (relating to petition for appointment of viewers), a judgment awarding compensation to the condemnee for ...
• § 710.  Limited reimbursement of appraisal, attorney and engineering fees.
  § 710. Limited reimbursement of appraisal, attorney and engineering fees. (a) General rule.--The owner of any right, title or interest in real property acquired or ...
• § 711.  Payment on account of increased mortgage costs.
  (a) Reimbursement of owner.--Whenever the acquisition of property by an acquiring agency results in the termination of an installment purchase contract, mortgage or other evidence ...
• § 712.  Loss of rentals because of imminence of condemnation.
  (a) General rule.--A property owner shall be entitled to receive as special damages compensation for any loss suffered prior to the date of taking caused ...
• § 713.  Delay compensation.
  (a) General rule.--Compensation for delay in payment shall be paid at an annual rate equal to the prime rate as listed in the first edition ...
• § 714.  Consequential damages.
  All condemnors, including the Commonwealth, shall be liable for damages to property abutting the area of an improvement resulting from change of grade of a ...
• § 715.  Damages for vacation of roads.
  Whenever a public road, street or highway is vacated, the affected owners may recover damages for any injuries sustained, even though no land is actually ...
• § 716.  Attempted avoidance of monetary just compensation.
  Where a condemnor attempts to avoid the payment of monetary just compensation to which the condemnee otherwise would be entitled by use of a substitute ...

Chapter 9. Special Damages for Displacement

• § 901.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 902.  Moving and related expenses of displaced persons.
  (a) Reasonable expenses incurred.-- (1) A displaced person shall be reimbursed for reasonable expenses incurred in moving the displaced person and the person's family and ...
• § 903.  Replacement housing for homeowners.
  (a) Additional payments to certain homeowners.-- (1) In addition to payments otherwise authorized, the acquiring agency shall make an additional payment not in excess of ...
• § 904.  Replacement housing for tenants and others.
  (a) Payment to certain displaced persons.-- (1) In addition to amounts otherwise authorized, an acquiring agency shall make a payment to or for any displaced ...
• § 905.  Housing replacement authorization.
  (a) Short title of section.--This section shall be known and may be cited as the Housing Replacement Authorization Act. (b) Housing replacements by acquiring agency ...
• § 906.  Regulations.
  The General Counsel may promulgate regulations necessary to assure that: (1) The payments authorized by this chapter shall be made in a manner which is ...
• § 907.  Payments not to be considered as income or resources.
  No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or ...

Chapter 11. Evidence

• § 1101.  Viewers' hearing.
  The viewers may hear testimony, receive evidence and make independent investigation as they deem appropriate, without being bound by formal rules of evidence. ...
• § 1102.  Condemnor's evidence before viewers.
  The condemnor shall, at the hearing before the viewers, present expert testimony of the amount of damages suffered by the condemnee. ...
• § 1103.  Trial in court on appeal.
  At the trial in court on appeal: (1) Either party may, as a matter of right, have the jury or the judge in a trial ...
• § 1104.  Competency of condemnee as witness.
  The condemnee or an officer of a corporate condemnee, without further qualification, may testify as to just compensation without compliance with the provisions of section ...
• § 1105.  Evidence generally.
  At the hearing before the viewers or at the trial in court on appeal: (1) A qualified valuation expert may, on direct or cross-examination, state ...
• § 1106.  Use of condemned property.
  In arriving at a valuation of the remaining part of the property in a partial condemnation, an expert witness may consider and testify to the ...

Last modified: November 22, 2007