Eminent Domain Code
Pennsylvania · Eminent Domain · §§ 26-101 to 26-907 · 63 sections
Overview
This act governs the procedure by which a condemning authority takes private property through eminent domain and by which the compensation owed to the owner is determined and paid. It establishes the mechanics of the condemnation case itself — an appraisal and an offer to purchase at the full appraised value, discovery and pretrial conferences, trial by jury with defined burdens and order of proof, standards for valuing a whole or partial taking around fair market value and highest and best use, and detailed rules on who may give opinion evidence of value and what that opinion may and may not rest on. It also handles the money and the aftermath: deposits held by the court and their withdrawal, investment and interest, credits for sums already paid, the consequences of failing to pay a judgment, voluntary and involuntary dismissal, restitution and damages, litigation expenses, and notice terminating the owner's occupancy.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- 26 Pa.C.S. § 101Short title of title
- 26 Pa.C.S. § 102Application of title
- 26 Pa.C.S. § 103Definitions
- 26 Pa.C.S. § 1101Viewers' hearing
- 26 Pa.C.S. § 1102Condemnor's evidence before viewers
- 26 Pa.C.S. § 1103Trial in court on appeal
- 26 Pa.C.S. § 1104Competency of condemnee as witness
- 26 Pa.C.S. § 1105Evidence generally
- 26 Pa.C.S. § 1106Use of condemned property
- 26 Pa.C.S. § 301Venue
- 26 Pa.C.S. § 302Declaration of taking
- 26 Pa.C.S. § 303Security required
- 26 Pa.C.S. § 304Recording notice of condemnation
- 26 Pa.C.S. § 305Notice to condemnee
- 26 Pa.C.S. § 306Preliminary objections
- 26 Pa.C.S. § 307Possession, right of entry and payment of compensation
- 26 Pa.C.S. § 308Revocation of condemnation proceedings
- 26 Pa.C.S. § 309Right to enter property prior to condemnation
- 26 Pa.C.S. § 310Abandonment of project
- 26 Pa.C.S. § 501Agreement as to damages
- 26 Pa.C.S. § 502Petition for appointment of viewers
- 26 Pa.C.S. § 503View
- 26 Pa.C.S. § 504Appointment of viewers
- 26 Pa.C.S. § 505Service of notice of view and hearing
- 26 Pa.C.S. § 506Additional condemnees, mortgagees and intervention
- 26 Pa.C.S. § 507Joint claims
- 26 Pa.C.S. § 508Appointment of trustee or guardian ad litem
- 26 Pa.C.S. § 509Furnishing of plans to viewers
- 26 Pa.C.S. § 510Powers of viewers
- 26 Pa.C.S. § 511Administrative matters for viewers' hearings
- 26 Pa.C.S. § 512Report of viewers
- 26 Pa.C.S. § 513Disagreement
- 26 Pa.C.S. § 514Filing of report of viewers
- 26 Pa.C.S. § 515Reports
- 26 Pa.C.S. § 516Right of appeal
- 26 Pa.C.S. § 517Appeals
- 26 Pa.C.S. § 518Disposition of appeal
- 26 Pa.C.S. § 519Allocation of damages
- 26 Pa.C.S. § 520Waiver of viewers' proceedings and termination by stipulation
- 26 Pa.C.S. § 521Liens and distribution of damages
- 26 Pa.C.S. § 522Payment into court and distribution
- 26 Pa.C.S. § 701Just compensation; other damages
- 26 Pa.C.S. § 702Measure of damages
- 26 Pa.C.S. § 703Fair market value
- 26 Pa.C.S. § 704Effect of imminence of condemnation
- 26 Pa.C.S. § 705Contiguous tracts and unity of use
- 26 Pa.C.S. § 706Effect of condemnation use on after value
- 26 Pa.C.S. § 707Removal of machinery, equipment or fixtures
- 26 Pa.C.S. § 708Expenses incidental to transfer of title
- 26 Pa.C.S. § 709Condemnee's costs where no declaration of taking filed
- 26 Pa.C.S. § 710Limited reimbursement of appraisal, attorney and engineering fees
- 26 Pa.C.S. § 711Payment on account of increased mortgage costs
- 26 Pa.C.S. § 712Loss of rentals because of imminence of condemnation
- 26 Pa.C.S. § 713Delay compensation
- 26 Pa.C.S. § 714Consequential damages
- 26 Pa.C.S. § 715Damages for vacation of roads
- 26 Pa.C.S. § 716Attempted avoidance of monetary just compensation
- 26 Pa.C.S. § 901Definitions
- 26 Pa.C.S. § 902Moving and related expenses of displaced persons
- 26 Pa.C.S. § 903Replacement housing for homeowners
- 26 Pa.C.S. § 904Replacement housing for tenants and others
- 26 Pa.C.S. § 906Regulations
- 26 Pa.C.S. § 907Payments not to be considered as income or resources
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