(a) Authorization.--
(1) Except as set forth in paragraph (2), the authority has the power to acquire by purchase or eminent domain proceedings either the fee or the rights, title, interest or easement in such lands as the authority deems necessary for any of the purposes of this chapter.
(2) The right of eminent domain does not apply to any of the following:
(i) Property devoted to a public use.
(ii) Property of a public service company.
(iii) Property used for burial purposes.
(iv) A place of public worship.
(v) Property which on June 5, 1947, with respect to the appropriate municipality was used as a facility for the parking of motor vehicles as long as:
(A) the property is continuously so used; and
(B) the operation of the facility complies with parking and traffic ordinances of the municipality.
(b) Exercise.--
(1) The right of eminent domain shall be exercised by the authority in the manner provided by law for the exercise of such right by the parent municipality.
(2) Viewers may take into consideration and may assess damages for expenses incurred for the removal of fixtures, equipment and merchandise.
(3) The right of eminent domain under this section may be exercised only within the municipality in which the authority is located.
(c) Priority.--Court proceedings necessary to acquire property or property rights for purposes of this chapter shall take precedence over all causes not involving the public interest in all courts so that the provision of parking facilities may be expedited.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 55 - Parking Authorities
Section 5501 - Scope of chapter
Section 5502 - Declaration of policy
Section 5504 - Method of incorporation
Section 5505 - Purposes and powers
Section 5508.1 - Special provisions for authorities in cities of the first class
Section 5508.3 - Restrictions on authorities in cities of the first class
Section 5509 - Acquisition of lands
Section 5510 - Money of authority
Section 5510.1 - Management of authority funds in cities of the first class
Section 5510.2 - Special funds in cities of the first class
Section 5510.3 - Bonds in cities of the first class
Section 5510.4 - Contracts with obligees of an authority in cities of the first class
Section 5510.5 - Commonwealth pledges in cities of the first class
Section 5510.6 - Provisions of bonds and trust indentures in cities of the first class
Section 5510.7 - Funds collected on behalf of a municipality (Deleted by amendment)
Section 5510.8 - Bonds to be legal investments
Section 5510.9 - Validity of pledge
Section 5510.10 - Security interest in funds and accounts
Section 5510.11 - Limitation on authority under Federal bankruptcy code
Section 5511 - Competition in award of contracts
Section 5512 - Use of projects
Section 5513 - Pledge by Commonwealth
Section 5514 - Termination of authority
Section 5515 - Exemption from taxation; payments in lieu of taxes