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Power of eminent domain - 74 Pa. Cons. Stat. § 1744

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     § 1744.  Power of eminent domain.
        (a)  Utility structures.--
            (1)  The authority shall have power, subject to relevant
        provisions of section 1741(a)(26) (relating to general
        powers), to require persons or corporations owning or
        operating public utility structures and appliances in, upon,
        under, over, across or along the public roads, streets or
        other public ways in which the authority has the right to
        own, construct, operate or maintain transportation facilities
        to remove the public utility structures and appliances from
        their locations. If any person or corporation owning or
        operating public utility structures and appliances fails or
        refuses to remove or relocate them, the authority may remove
        or relocate them. The authority shall provide the new
        location which the structures or appliances as relocated
        shall occupy, and to that end the authority is hereby
        authorized to acquire by purchase or by the exercise of the
        power of eminent domain any necessary land or right-of-way
        for such purpose if the new location shall not be in, on or
        above a highway, road or street. The exact new location shall
        be chosen by agreement of the authority and the utility. Upon
        the completion of the relocation, the authority shall
        reimburse the public utility for the cost of relocation which
        shall be the entire amount paid by the utility properly
        attributable to the relocation of the structure or appliance
        after deducting the cost of any increase in the service
        capacity of the new structure or appliance and any salvage
        value derived from the old structure or appliance.
            (2)  If an issue shall arise between the authority and
        the public utility as to the amount of the cost of relocation
        or the new location, either party may institute a proceeding
        by complaint before the Pennsylvania Public Utility
        Commission, which is hereby given exclusive jurisdiction to
        hear and determine the issue. Appeal from the order of the
        commission in any proceeding may be taken in the same manner
        as is prescribed by law for appeals from other orders of the
        commission.
        (b)  Eminent domain.--
            (1)  The authority shall have the right of eminent domain
        which may be exercised, either within or without the
        metropolitan area, to acquire private property and property
        devoted to any public use which is necessary for the purposes
        of the authority, except property of a public utility
        operating transportation facilities extending beyond the
        boundaries of the metropolitan area.
            (2)  The authority shall have the right of eminent domain
        to acquire property of any railroad which property is not
        used for or in connection with the transportation of persons
        or property and to acquire rights and easements across, under
        or over the right-of-way of such railroad whenever the
        authority shall acquire the private right-of-way or other
        property of a public utility used or useful in its service to
        the public.
            (3)  It shall, before requiring the removal of the
        existing structures and appliances, provide a new location
        for the structures and appliances and, upon the completion of
        relocation, reimburse the public utility for the cost thereof
        in the manner provided in subsection (a).
        (c)  Title.--Title to any property acquired by an authority
     through eminent domain shall be an absolute ownership or fee
     simple title unless a lesser title shall be designated
     specifically in the eminent domain proceedings.
        (d)  Public utilities.--Real and personal property of any
     kind whatever belonging to a public utility corporation
     providing transportation or transportation-related services may
     be acquired without the approval of the Pennsylvania Public
     Utility Commission. In all cases involving the facilities of a
     railroad, any operations of which extend beyond the metropolitan
     area, the exercise of the power of the authority under this
     subsection shall be subject to the jurisdiction of that
     commission under Title 66 (relating to public utilities).
        (e)  Certain property exempt.--No property owned or used by
     the United States, the Commonwealth, any political subdivision
     thereof or any body politic and corporate organized as an
     authority under any law of this Commonwealth or by any agency of
     any of them nor property used for burial purposes or places of
     public worship shall be taken under the right of eminent domain
     without the consent of the owner or user thereof.
        (f)  Negotiation.--Before exercising the power of eminent
     domain, reasonable efforts shall be made by the authority to
     achieve the desired result through negotiation.

Last modified: November 27, 2007