2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 2 - Limitations on Use of Eminent Domain › Section 202 - Definitions

§ 202. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agricultural commodity."
As defined under section 2 of the act of June 10, 1982 (P.L.454, No.133), referred to as the Right-to-Farm Law.
"Agricultural operation."
A person engaged commercially in the production of an agricultural commodity that has an anticipated yearly gross income of at least $10,000.
"Agricultural property."
Property that is owned or operated by an agricultural operation in the course of the operation's production, harvesting or preparation for market of an agricultural commodity. The term also includes any residential dwelling or woodlot situated on the property.
"Common carrier."
Any and all persons or corporations holding out, offering or undertaking, directly or indirectly, service for compensation to the public for the transportation of passengers or property, or both, or any class of passengers or property, by, through, over, above or under land, water or air, and shall include forwarders, but shall not include contract carriers by motor vehicles, or brokers, or any bona fide cooperative association transporting property exclusively for the members of such association on a nonprofit basis.
"Commonwealth agency."
As defined in 2 Pa.C.S. § 101 (relating to definitions).
"Condemnee."
A person that owns property subject to the exercise of the power of eminent domain by a condemnor.
"Condemnor."
Any of the following which is authorized by law to exercise the power of eminent domain:
(1) The Commonwealth, a Commonwealth agency or an instrumentality or authority of the Commonwealth.
(2) A political subdivision, an agency of a political subdivision or an instrumentality or authority of a political subdivision.
(3) A public utility as defined in 66 Pa.C.S. § 102 (relating to definitions).
(4) A private entity.
(5) An electrical cooperative corporation under 15 Pa.C.S. Ch. 73 (relating to electric cooperative corporations).
"Conservation easement."
As defined under section 3 of the act of June 22, 2001 (P.L.390, No.29), known as the Conservation and Preservation Easements Act.
"Eminent domain."
The power of the Commonwealth to take private property for public use in return for just compensation.
"Open space benefits."
The benefits to the residents of this Commonwealth and its local government units which result from the preservation or restriction of the use of selected predominantly undeveloped open spaces or areas, including, but not limited to:
(1) the protection and conservation of water resources and watersheds, by appropriate means, including, but not limited to, preserving the natural cover, preventing floods and soil erosion, protecting water quality and replenishing surface and ground water supplies;
(2) the protection and conservation of forests and land being used to produce timber crops;
(3) the protection and conservation of farmland;
(4) the protection of existing or planned park, recreation or conservation sites;
(5) the protection and conservation of natural or scenic resources, including, but not limited to, soils, beaches, streams, flood plains, steep slopes or marshes;
(6) the protection of scenic areas for public visual enjoyment from public rights of way;
(7) the preservation of sites of historic, geologic or botanic interest; and
(8) the promotion of sound, cohesive and efficient land development by preserving open spaces between communities.
"Private enterprise."
A for-profit or not-for-profit entity or organization. This term does not include any entity or organization that meets the definition of an institution of purely public charity pursuant to the act of November 26, 1997 (P.L.508, No.55), known as the Institutions of Purely Public Charity Act.
"Redevelopment area."
As defined in section 3(n) of the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law.
"Unit of property."
A parcel of real estate or condominium unit, including any interest in common elements with improvements thereon, if any, that is identified by a legal description in a recorded deed or a tax identification number.
(June 24, 2018, P.L.345, No.45, eff. imd.)
2018 Amendment.
Act 45 added the defs. of "conservation easement" and "open space benefits." See sections 3 and 4(1) in the appendix to this title for special provisions relating to severability and applicability.