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Extra - Title Notes - Enactment. Unless otherwise noted, the provisions of Title 26 were...
Extra - Appendix To Title - APPENDIX TO TITLE 26 EMINENT DOMAIN Supplementary Provisions of Amendatory...
Chapter 1 - General Provisions
Extra - Chapter Notes - Enactment. Chapter 1 was added May 4, 2006, P.L.112, No.34,...
Section 101 - Short title of title - This title shall be known and may be cited as...
Section 102 - Application of title - (a) General rule.--This title provides a complete and exclusive procedure...
Section 103 - Definitions - Subject to additional definitions contained in subsequent provisions of this...
Chapter 2 - Limitations on Use of Eminent Domain
Extra - Chapter Notes - Enactment. Chapter 2 was added May 4, 2006, P.L.112, No.34,...
Section 201 - Short title of chapter - This chapter shall be known and may be cited as...
Section 202 - Definitions - The following words and phrases when used in this chapter...
Section 203 - Applicability - (a) Authority.--Except as set forth in subsection (b), the limitations...
Section 204 - Eminent domain for private business prohibited - (a) Prohibition.--Except as set forth in subsection (b), the exercise...
Section 205 - Blight - (a) Scope.--This section applies notwithstanding the act of May 24,...
Section 206 - Extraterritorial takings - (a) General rule.--Except as set forth in subsection (b), no...
Section 207 - Eminent domain of agricultural property - (a) Approval required.--Notwithstanding any provision of law to the contrary,...
Section 208 - Eminent domain of land subject to conservation easement - (a) Approval required.--Except as provided in subsection (g), no political...
Chapter 3 - Procedure to Condemn
Extra - Chapter Notes - Enactment. Chapter 3 was added May 4, 2006, P.L.112, No.34,...
Section 301 - Venue - (a) General rule.--A condemnation proceeding shall be brought in the...
Section 302 - Declaration of taking - (a) Condemnation and passage of title.-- (1) Condemnation under the...
Section 303 - Security required - (a) Bond.--Except as provided in subsection (b), every condemnor shall...
Section 304 - Recording notice of condemnation - (a) County of recording.-- (1) The condemnor, upon filing its...
Section 305 - Notice to condemnee - (a) Written notice.--Within 30 days after the filing of the...
Section 306 - Preliminary objections - (a) Filing and exclusive method of challenging certain matters.-- (1)...
Section 307 - Possession, right of entry and payment of compensation - (a) Possession or right of entry of condemnor.-- (1) (i)...
Section 308 - Revocation of condemnation proceedings - (a) Declaration of relinquishment.-- (1) The condemnor, by filing a...
Section 309 - Right to enter property prior to condemnation - (a) General rule.--Prior to the filing of the declaration of...
Section 310 - Abandonment of project - (a) Disposition of property.--If a condemnor has condemned a fee...
Chapter 5 - Procedure for Determining Damages
Extra - Chapter Notes - Enactment. Chapter 5 was added May 4, 2006, P.L.112, No.34,...
Section 501 - Agreement as to damages - At any stage of the proceedings, the condemnor and the...
Section 502 - Petition for appointment of viewers - (a) Contents of petition.--A condemnor, condemnee or displaced person may...
Section 503 - View - In every proceeding: (1) At least one of the viewers...
Section 504 - Appointment of viewers - (a) Court to appoint.-- (1) Upon the filing of a...
Section 505 - Service of notice of view and hearing - (a) General rule.--Notice of the view and hearing shall be...
Section 506 - Additional condemnees, mortgagees and intervention - (a) Identification.--The condemnee, at or before the hearing at which...
Section 507 - Joint claims - (a) Required.--The claims of all the owners of the condemned...
Section 508 - Appointment of trustee or guardian ad litem - The court on its own motion may, or on petition...
Section 509 - Furnishing of plans to viewers - (a) Duty of condemnor.--The condemnor shall provide the viewers at...
Section 510 - Powers of viewers - (a) Proceedings.-- (1) The viewers may adjourn the proceedings from...
Section 511 - Administrative matters for viewers' hearings - (a) Facilities.--All viewers' hearings shall be held publicly in a...
Section 512 - Report of viewers - The viewers shall file a report which shall include in...
Section 513 - Disagreement - If a majority of the viewers do not agree on...
Section 514 - Filing of report of viewers - (a) Time period for filing.--The viewers shall file their report...
Section 515 - Reports - (a) Multiple properties or claims.--The viewers may include in one...
Section 516 - Right of appeal - (a) Extent of right.-- (1) Any party aggrieved by the...
Section 517 - Appeals - (a) Contents.--The appeal shall set forth: (1) The name of...
Section 518 - Disposition of appeal - An appeal shall be disposed as follows: (1) All objections,...
Section 519 - Allocation of damages - (a) Severance damages.--Upon appeal from an award of viewers, the...
Section 520 - Waiver of viewers' proceedings and termination by stipulation - (a) Waiver of viewers' proceedings.--The condemnor and condemnee may, by...
Section 521 - Liens and distribution of damages - (a) Liens.-- (1) Damages payable to a condemnee under sections...
Section 522 - Payment into court and distribution - (a) Payment into court.-- (1) Upon refusal to accept payment...
Chapter 7 - Just Compensation and Measure of Damages
Extra - Chapter Notes - Enactment. Chapter 7 was added May 4, 2006, P.L.112, No.34,...
Section 701 - Just compensation; other damages - A condemnee shall be entitled to just compensation for the...
Section 702 - Measure of damages - (a) Just compensation.--Just compensation shall consist of the difference between...
Section 703 - Fair market value - Fair market value shall be the price which would be...
Section 704 - Effect of imminence of condemnation - Any change in the fair market value prior to the...
Section 705 - Contiguous tracts and unity of use - Where all or a part of several contiguous tracts in...
Section 706 - Effect of condemnation use on after value - (a) General rule.--In determining the fair market value of the...
Section 707 - Removal of machinery, equipment or fixtures - (a) Notice to condemnee.--In the event the condemnor does not...
Section 708 - Expenses incidental to transfer of title - An acquiring agency shall, on the date of payment of...
Section 709 - Condemnee's costs where no declaration of taking filed - Where proceedings are instituted by a condemnee under section 502(c)...
Section 710 - Limited reimbursement of appraisal, attorney and engineering fees - (a) General rule.--The owner of any right, title or interest...
Section 711 - Payment on account of increased mortgage costs - (a) Reimbursement of owner.--Whenever the acquisition of property by an...
Section 712 - Loss of rentals because of imminence of condemnation - (a) General rule.--A property owner shall be entitled to receive...
Section 713 - Delay compensation - (a) General rule.--Compensation for delay in payment shall be paid...
Section 714 - Consequential damages - All condemnors, including the Commonwealth, shall be liable for damages...
Section 715 - Damages for vacation of roads - Whenever a public road, street or highway is vacated, the...
Section 716 - Attempted avoidance of monetary just compensation - Where a condemnor attempts to avoid the payment of monetary...
Chapter 9 - Special Damages for Displacement
Extra - Chapter Notes - Enactment. Chapter 9 was added May 4, 2006, P.L.112, No.34,...
Section 901 - Definitions - The following words and phrases when used in this chapter...
Section 902 - Moving and related expenses of displaced persons - (a) Reasonable expenses incurred.-- (1) A displaced person shall be...
Section 903 - Replacement housing for homeowners - (a) Additional payments to certain homeowners.-- (1) In addition to...
Section 904 - Replacement housing for tenants and others - (a) Payment to certain displaced persons.-- (1) In addition to...
Section 905 - Housing replacement authorization - (a) Short title of section.--This section shall be known and...
Section 906 - Regulations - The General Counsel may promulgate regulations necessary to assure that:...
Section 907 - Payments not to be considered as income or resources - No payment received by a displaced person under this chapter...
Chapter 11 - Evidence
Extra - Chapter Notes - Enactment. Chapter 11 was added May 4, 2006, P.L.112, No.34,...
Section 1101 - Viewers' hearing - The viewers may hear testimony, receive evidence and make independent...
Section 1102 - Condemnor's evidence before viewers - The condemnor shall, at the hearing before the viewers, present...
Section 1103 - Trial in court on appeal - At the trial in court on appeal: (1) Either party...
Section 1104 - Competency of condemnee as witness - The condemnee or an officer of a corporate condemnee, without...
Section 1105 - Evidence generally - At the hearing before the viewers or at the trial...
Section 1106 - Use of condemned property - In arriving at a valuation of the remaining part of...