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Power to acquire property - 74 Pa. Cons. Stat. § 1742

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     § 1742.  Power to acquire property.
        (a)  General rule.--
            (1)  The authority shall have power to acquire by
        purchase, condemnation, lease, gift or otherwise all or any
        part of the property of any public utility operating a
        transportation system within the metropolitan area,
        including, but not limited to, the plant, equipment, property
        rights in property reserve funds, employees' pension or
        retirement funds, special funds, franchises, licenses,
        patents, permits, operating rights and paper documents and
        records, which property shall be located within the
        metropolitan area and shall be appropriate for the purposes
        for which the authority is established, as well as all or any
        part of the right-of-way, equipment, fixed facilities and
        other property of any kind of any utility, extending beyond
        the boundaries of the metropolitan area and forming or
        capable of forming part of an integrated suburban rapid
        transit or rail transportation facility, connecting with
        rapid transit or electric railway lines of the authority in
        superhighways or elsewhere. No interest in the right-of-way
        of a railroad company the operations of which extend beyond
        the metropolitan area shall be acquired or occupied under the
        power of eminent domain under this section or any other
        section without the consent of the railroad.
            (2)  Such properties, upon acquisition by or lease to the
        authority, shall become and be operated as part of the
        transportation system of the authority, and the authority
        shall have all powers in connection with such properties and
        such operations as are conferred by this chapter.
            (3)  The authority shall also have the power to enter
        into agreements to operate any lines located or extending
        beyond the boundaries of the metropolitan area, such
        agreements to be subject to all other provisions of this
        chapter. The authority shall have power to lease or purchase
        any municipally owned local transportation subways or other
        municipally owned local transportation facilities for
        operation and maintenance by the authority.
        (b)  Condemnation procedure.--
            (1)  Whenever the authority shall condemn all or
        substantially all of the property of a transportation system,
        it may elect to commence condemnation proceedings without
        immediate passage of title by inserting a provision to that
        effect in the declaration of taking. In that event, the
        provisions of section 402 of the act of June 22, 1964
        (Sp.Sess., P.L.84, No.6), known as the Eminent Domain Code,
        shall not apply, and the title shall not pass to the
        authority and the authority shall not be entitled to
        possession until payment to the condemnee or into court of
        the amount of the just compensation payable for the property
        taken, determined as of the date of filing of the declaration
        of taking, as finally determined in accordance with the
        provisions of this article, provided that such payment occurs
        within one year of the final determination.
            (2)  From and after the filing of the declaration of
        taking until the payment to the condemnee of just
        compensation for the condemned property, the authority shall
        have the right to petition the court having jurisdiction of
        the proceedings to prevent waste, substantial disposition or
        any transaction with respect to the condemned property other
        than in the ordinary course of business without obtaining the
        prior written consent of the authority. The condemnee shall
        have no right to tender possession of the property or
        otherwise to demand payment of any compensation prior to the
        passage of title.

        References in Text.  The act of June 22, 1964 (Sp. Sess.
     P.L.84, No.6), known as the Eminent Domain Code, referred to in
     subsec. (b)(1), was repealed by the act of May 4, 2006 (P.L.112,
     No.34). The subject matter is now contained in Title 26 (Eminent
     Domain).

Last modified: November 27, 2007