reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 25 - ELECTIONS › Chapter 35 - Uniform Military and Overseas Voters › Section 3508 - Transmission of unvoted ballots

§ 3508. Transmission of unvoted ballots.
(a) General rule.--
Subject to subsection (b), for an election for which the Commonwealth has not received a waiver under section 102(g)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99-410, 42 U.S.C. § 1973ff-1(g)(2)), the following apply:
(1) Except as set forth in paragraph (2), not later than 45 days before the election, the county election board in each jurisdiction participating in the election shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application. Notwithstanding 1 Pa.C.S. § 1908 (relating to computation of time), if the 45th day before the election is a Saturday, Sunday or holiday, the ballot and materials shall be transmitted not later than the business day preceding the 45th day.
(2) If the calling of a special election would make it impossible to comply with paragraph (1), the county election board shall transmit the ballot and balloting materials within five days following receipt of the county election board's receipt of the information necessary to prepare the ballots and materials.
(b) Covered voters in extremely remote or isolated areas.--
(1) Except as set forth in paragraph (2), not later than 50 days before a primary election and not later than 70 days before a general election or a municipal election, the county election board in each jurisdiction participating in the election shall transmit a ballot and balloting materials to all covered voters in extremely remote or isolated areas, as those terms are defined or used by the Department of Defense, who by that date submit a valid military-overseas ballot application. Notwithstanding 1 Pa.C.S. § 1908, if the 50th day or the 70th day preceding the applicable election is a weekend or holiday, ballots and materials shall be transmitted not later than the business day preceding the 50th or 70th day, respectively.
(2) If the calling of a special election would make it impossible to comply with paragraph (1), the county election board shall transmit the ballot and balloting materials within five days following receipt of the county election board's receipt of the information necessary to prepare the ballots and materials.
(c) Method of transmission.--
A covered voter may request that a ballot and balloting materials be sent to the voter by mail or by Internet delivery. The county election board shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.
(d) Receipt of additional applications.--
If a ballot application from a covered voter arrives after the county election board begins transmitting ballots and balloting materials to voters, the county election board shall transmit a ballot and ballot materials to the voter not later than 48 hours after the application is received.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 25 - ELECTIONS › Chapter 35 - Uniform Military and Overseas Voters › Section 3509 - Timely casting of ballot

§ 3509. Timely casting of ballot.
To be valid:
(1) a military-overseas ballot must be received by the appropriate county election board not later than the close of the polls; or
(2) the voter must submit the ballot for mailing or other authorized means of delivery not later than 11:59 p.m. at the place where the voter completes the ballot on the date immediately preceding the date of the election.
Cross References.
Section 3509 is referred to in section 3511 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 25 - ELECTIONS › Chapter 35 - Uniform Military and Overseas Voters › Section 3511 - Receipt of voted ballot

§ 3511. Receipt of voted ballot.
(a) Delivery governs.--
A valid military-overseas ballot cast under section 3509 (relating to timely casting of ballot) shall be counted if it is delivered by 5 p.m. on the seventh day following the election to the address that the appropriate county election board has specified.
(b) Rule regarding postmarks.--
If, at the time of completing a military-overseas ballot and balloting materials, the voter has declared under penalty of perjury that the ballot was timely submitted, the ballot may not be rejected on the basis that it has a late postmark, an unreadable postmark or no postmark.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 25 - ELECTIONS › Chapter 35 - Uniform Military and Overseas Voters › Section 3512 - Confirmation of receipt of application and voted ballot

§ 3512. Confirmation of receipt of application and voted ballot.
The secretary, in coordination with county election boards, shall implement an electronic free-access system by which a covered voter may determine by telephone, e-mail or Internet website whether:
(1) the voter's Federal postcard application or other registration or military-overseas ballot application has been received and accepted; and
(2) the voter's military-overseas ballot has been received and the current status of the ballot.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 25 - ELECTIONS › Chapter 35 - Uniform Military and Overseas Voters › Section 3514 - Election notices

§ 3514. Election notices.
(a) Preparation of notice.--
At least 90 days before an election other than a special election and as soon as practicable before a special election, the county election board in each jurisdiction participating in the election shall prepare an election notice for that jurisdiction to be used in conjunction with a Federal write-in absentee ballot. The election notice shall contain all of the following:
(1) A list of all of the ballot measures and Federal, Commonwealth and local offices which, as of the date of the notice, the county election board expects to be on the ballot on the date of the election.
(2) Specific instructions for how a covered voter is to indicate on the Federal write-in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested.
(b) Request for notice.--
A covered voter may request a copy of an election notice prepared under subsection (a). The county election board shall send the notice to the covered voter by facsimile, e-mail, over the Internet or by regular mail as the voter requests.
(c) Updated notices.--
The county election board shall update the notice prepared under subsection (a) with the names of the candidates for each office and the specific information about ballot questions promptly upon becoming aware of the existence of the candidates and ballot questions and shall make the updated notice publicly available.
(d) Availability of notice.--
A county election board that maintains a publicly accessible Internet website shall make the election notice prepared under subsection (a) and updated versions of the election notice available on the Internet website.
Applicability.
Section 2(2) of Act 189 of 2012 provided that section 3514 shall apply to elections following a date to be determined by the Department of State. Once determined, the department shall publish the date in the Pennsylvania Bulletin and post it on the department's publicly accessible Internet website.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 25 - ELECTIONS › Chapter 35 - Uniform Military and Overseas Voters › Section 3515 - Prohibition of nonsubstantive requirements

§ 3515. Prohibition of nonsubstantive requirements.
(a) Mistake, omission or failure to satisfy.--
None of the following shall invalidate a document submitted under this chapter:
(1) A voter's mistake or omission in the completion of a document under this chapter as long as the mistake or omission does not prevent determining whether a covered voter is eligible to vote.
(2) Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight.
(b) Write-in ballots.--
In a write-in ballot authorized by this chapter or in a vote for a write-in candidate on a regular ballot used by a covered voter, if the intention of the voter is discernable under the standards that define what constitutes a valid vote developed pursuant to section 204(h) of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, an abbreviation, misspelling or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.
(c) Notarization.--
Notarization is not required for the execution of a document to be submitted under this chapter. An authentication, other than the state declaration or the FWAB declaration, is not required for execution of a document under this chapter. The state declaration and FWAB declaration, and any information in either declaration, may be compared with information on file to ascertain the validity of the document.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 25 - ELECTIONS › Chapter 35 - Uniform Military and Overseas Voters › Section 3516 - Equitable relief

§ 3516. Equitable relief.
A court may issue an injunction or grant equitable relief appropriate to ensure substantial compliance with or enforce this chapter on application by any of the following:
(1) A covered voter alleging a grievance under this chapter.
(2) An authorized officer or agent of a county election board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 25 - ELECTIONS › Chapter 35 - Uniform Military and Overseas Voters › Section 3517 - Uniformity of application and construction

§ 3517. Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 25 - ELECTIONS › Chapter 35 - Uniform Military and Overseas Voters › Section 3518 - Relation to Electronic Signatures in Global and National Commerce Act

§ 3518. Relation to Electronic Signatures in Global and National Commerce Act.
To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may modify or supersede provisions of that act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 25 - ELECTIONS › Chapter 35 - Uniform Military and Overseas Voters › Section 3519 - Construction

§ 3519. Construction.
This chapter is intended to be read in concert with the Election Code. Unless otherwise specifically provided in this chapter, if any provision of this chapter is inconsistent with a provision of the Election Code, the provisions of this chapter shall prevail.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Extra - Appendix To Title

APPENDIX TO TITLE 26
EMINENT DOMAIN
Supplementary Provisions of Amendatory Statutes
2018, JUNE 24, P.L.345, NO.45
§ 3. Severability.
The provisions of this act are severable. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.
Explanatory Note.
Act 45 amended or added sections 202 and 208 of Title 26.
§ 4. Applicability.
The following provisions shall apply to a condemnation for which a declaration of taking is filed after December 31, 2017:
(1) The addition of the definitions of "conservation easement" and "open space benefits" in 26 Pa.C.S. § 202.
(2) The addition of 26 Pa.C.S. § 208.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 1 - General Provisions › Section 102 - Application of title

§ 102. Application of title.
(a) General rule.--
This title provides a complete and exclusive procedure and law to govern all condemnations of property for public purposes and the assessment of damages.
(b) Construction.--
Nothing in this title shall be construed:
(1) To affect the jurisdiction or power of the Pennsylvania Public Utility Commission or any statute providing for the assessment of benefits for public improvements on the properties benefited.
(2) To enlarge or diminish the power of condemnation given by law to any condemnor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 2 - Limitations on Use of Eminent Domain › Extra - Chapter Notes

Enactment.
Chapter 2 was added May 4, 2006, P.L.112, No.34, effective in 120 days and May 4,
            2006, P.L.148, No.35, effective in 120 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 2 - Limitations on Use of Eminent Domain › Section 203 - Applicability

§ 203. Applicability.
(a) Authority.--
Except as set forth in subsection (b), the limitations and protections set forth in this chapter apply to the exercise of eminent domain by a condemnor.
(b) Exception.--
This chapter does not affect any of the following:
(1) The jurisdiction or power of the Pennsylvania Public Utility Commission.
(2) Any statute providing for the assessment of benefits for public improvement on the properties benefited.
(3) The jurisdiction or power of the Philadelphia Regional Port Authority to exercise eminent domain within a designated port zone for a port facility as defined in the act of July 10, 1989 (P.L.291, No.50), known as the Philadelphia Regional Port Authority Act.
(4) The exercise of eminent domain within a city of the first or second class in areas that were certified, on or before the effective date of this chapter, as blighted under section 2 of the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law. This paragraph shall expire December 31, 2012.
(5) The exercise of eminent domain by a home rule county of the second class A, or a municipality located therein, in areas that were certified, on or before the effective date of this chapter, as blighted under section 2 of the Urban Redevelopment Law. This paragraph shall expire December 31, 2012.
(6) The exercise of eminent domain within a home rule municipality by a county of the second class A in areas that were certified, on or before the effective date of this chapter, as blighted under section 2 of the Urban Redevelopment Law. This paragraph shall expire December 31, 2012.
(c) Construction.--
Nothing in this chapter shall be deemed to expand or enlarge the power of a condemnor to utilize eminent domain.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 2 - Limitations on Use of Eminent Domain › Section 206 - Extraterritorial takings

§ 206. Extraterritorial takings.
(a) General rule.--
Except as set forth in subsection (b), no political subdivision shall exercise eminent domain authority against land that is situated in another political subdivision without the approval by resolution of the governing body of the political subdivision in which the land is situated.
(b) Exceptions.--
This section shall not apply to any of the following:
(1) A school district which exercises eminent domain authority against property located within its geographic boundaries.
(2) An authority formed under 53 Pa.C.S. Ch. 56 (relating to municipal authorities) which exercises eminent domain authority against property located within its geographic boundaries.
(3) The exercise of eminent domain authority under 74 Pa.C.S. § 5920 (relating to acquisition of air rights).
Cross References.
Section 206 is referred to sections 2009, 2021, 2411, 2441 of Title 8 (Boroughs and Incorporated Towns); sections 12409, 13206, 13240, 13401, 14201, 144A14 of Title 11 (Cities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 2 - Limitations on Use of Eminent Domain › Section 207 - Eminent domain of agricultural property

§ 207. Eminent domain of agricultural property.
(a) Approval required.--
Notwithstanding any provision of law to the contrary, approval by the Agricultural Lands Condemnation Approval Board shall be required prior to the exercise of eminent domain authority by any agency of the Commonwealth or political subdivision or municipal authority on agricultural property under section 204(b)(3) (relating to eminent domain for private business prohibited) or 205 (relating to blight). Approval shall be obtained in accordance with section 13 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law.
(b) Determination of blight.--
The exercise of eminent domain powers based on a condition of the agricultural property shall not be authorized under section 205 unless the Agricultural Lands Condemnation Approval Board determines the exercise is necessary to protect the health and safety of the community.
(c) Disapproval.--
The Agricultural Lands Condemnation Approval Board shall disapprove the proposed condemnation if the board determines the condemnor is not authorized under this chapter to take the agricultural property by eminent domain.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 2 - Limitations on Use of Eminent Domain › Section 208 - Eminent domain of land subject to conservation easement

§ 208. Eminent domain of land subject to conservation easement.
(a) Approval required.--
Except as provided in subsection (g), no political subdivision, authority, public utility or other body having or exercising powers of eminent domain shall condemn any land subject to a conservation easement for any purpose, unless prior approval has been obtained from the orphans' court of the county in which the land is located. The condemnation approval specified by this subsection shall not be required for an underground public utility facility that does not permanently impact the open space benefits protected by the conservation easement. The condemnation approval specified by this subsection shall not be required for any public utility facility or other project that is subject to approval by a Federal agency, the necessity for the propriety and environmental effects of which has been reviewed and ratified or approved by the Pennsylvania Public Utility Commission or the Federal Energy Regulatory Commission, regardless of whether the right to establish and maintain such underground or other public utility facility is obtained by condemnation or by agreement with the owner.
(b) Determination of blight.--
The exercise of eminent domain powers based on a condition of the land subject to a conservation easement shall not be authorized under section 205 (relating to blight) unless the orphans' court determines the exercise is necessary to protect the health and safety of the community.
(c) Notice.--
Any condemnor wishing to condemn property, the approval for which is required under this section, shall, at least 30 days prior to taking such action, notify the orphans' court that the action is contemplated.
(d) Review.--
The orphans' court shall review the proposed condemnation and approve the proposed condemnation only if the court determines there is no reasonable and prudent alternative to the utilization of the land subject to a conservation easement for the project.
(e) Findings and decisions.--
The orphans' court shall render findings and decisions of the court's review under subsection (d) and shall report the findings and decisions to the proposed condemnor.
(f) Injunctions.--
The orphans' court may request the Attorney General to bring an action to enjoin a condemnor from violating any provision of this section.
(g) Exceptions.--
This section shall not apply to any of the following:
(1) Emergency projects where, in the discretion of the condemning entity, the taking is reasonably necessary for the protection of life or property.
(2) Condemnations by an agency of the Commonwealth for any purpose.
(June 24, 2018, P.L.345, No.45, eff. imd.)
2018 Amendment.
Act 45 added section 208. See sections 3 and 4(2) in the appendix to this title for special provisions relating to severability and applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 3 - Procedure to Condemn › Section 301 - Venue

§ 301. Venue.
(a) General rule.--
A condemnation proceeding shall be brought in the court of the county in which the property is located or, if the property is located in two or more counties, in the court of any one of the counties.
(b) Multiple counties.--
Where the property is located in two or more counties and a proceeding is commenced in the court of one of the counties, all subsequent proceedings regarding the same property shall be brought in the same county.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 3 - Procedure to Condemn › Section 302 - Declaration of taking

§ 302. Declaration of taking.
(a) Condemnation and passage of title.--
(1) Condemnation under the power of condemnation given by law to a condemnor shall be effected only by the filing in court of a declaration of taking with the security required under section 303(a) (relating to security required).
(2) The title which the condemnor acquires in the property condemned shall pass to the condemnor on the date of the filing, and the condemnor shall be entitled to possession under section 307 (relating to possession, right of entry and payment of compensation).
(b) Contents.--
The declaration of taking shall be in writing and executed by the condemnor and shall be captioned as a proceeding in rem and contain the following:
(1) The name and address of the condemnor.
(2) A specific reference to the statute and section under which the condemnation is authorized.
(3) A specific reference to the action, whether by ordinance, resolution or otherwise, by which the declaration of taking was authorized, including the date when the action was taken and the place where the record may be examined.
(4) A brief description of the purpose of the condemnation.
(5) A description of the property condemned, sufficient for identification, specifying the municipal corporation and the county or counties where the property taken is located, a reference to the place of recording in the office of the recorder of deeds of plans showing the property condemned or a statement that plans showing the property condemned are on the same day being lodged for record or filed in the office of the recorder of deeds in the county in accordance with section 304 (relating to recording notice of condemnation).
(6) A statement of the nature of the title acquired, if any.
(7) A statement specifying where a plan showing the condemned property may be inspected in the county in which the property taken is located.
(8) A statement of how just compensation has been made or secured.
(c) More than one property included in declaration.--
The condemnor may include in one declaration of taking any or all of the properties specified in the action by which the declaration of taking was authorized.
(d) Fee.--
The prothonotary shall charge one fee for filing each declaration of taking, which shall be the same regardless of the number of properties or condemnees included.
(e) Filing.--
The condemnor shall file within one year of the action authorizing the declaration of taking a declaration of taking covering all properties included in the authorization not otherwise acquired by the condemnor within this time.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 3 - Procedure to Condemn › Section 303 - Security required

§ 303. Security required.
(a) Bond.--
Except as provided in subsection (b), every condemnor shall give security to effect the condemnation by filing with the declaration of taking its bond, without surety, to the Commonwealth for the use of the owner of the property interests condemned, the condition of which shall be that the condemnor shall pay the damages determined by law.
(b) Pledge of tax revenues.--
(1) Where a condemnor has the power of taxation, it shall not be required to file a bond with the declaration of taking.
(2) The funds raised or authorized by law to be raised by the power of taxation of the condemnor shall be deemed pledged and are made security for the payment of the damages determined by law.
(c) Insufficient security.--
The court, upon preliminary objections of the condemnee under and within the time set forth in section 306(a) (relating to preliminary objections), may require the condemnor to give bond and security as the court deems proper if it appears to the court that the bond or power of taxation of the condemnor is insufficient security.
Cross References.
Section 303 is referred to in section 302 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 3 - Procedure to Condemn › Section 304 - Recording notice of condemnation

§ 304. Recording notice of condemnation.
(a) County of recording.--
(1) The condemnor, upon filing its declaration of taking, shall on the same day lodge for record a notice of the declaration in the office of the recorder of deeds of the county in which the property is located.
(2) If the property is located in two or more counties, the notice shall be recorded in each county.
(b) Notice and recording requirements.--
(1) The notice shall specify:
(i) The court term and number of the declaration of taking.
(ii) The date it was filed.
(iii) A description or plan of the property condemned sufficient for identification.
(iv) The names of the owners of the property interests condemned, as reasonably known to the condemnor.
(2) The notices shall be indexed in the deed indices showing the condemnee set forth in the notice as grantor and the condemnor as grantee.
(3) If plans are to be recorded as part of the notice, they shall be submitted on standard legal size paper. If plans are to be filed as part of the notice, they shall be in legible scale and filed in a condemnation book or file or microfilmed, with a notation as to the condemnation book and page number, file number or microfilm number to be made by the recorder on the margin of the notice.
(4) Upon the notice being assigned a book and page number by the recorder of deeds, the condemnor shall file with the prothonotary under the caption of the declaration of taking a memorandum of the book and page number in which the notice is recorded.
(c) Fees.--
The recorder shall receive as a fee for recording each notice the sums as provided by the act of June 12, 1919 (P.L.476, No.240), referred to as the Second Class County Recorder of Deeds Fee Law, and the act of April 8, 1982 (P.L.310, No.87), referred to as the Recorder of Deeds Fee Law.
Cross References.
Section 304 is referred to in sections 302, 308 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 3 - Procedure to Condemn › Section 305 - Notice to condemnee

§ 305. Notice to condemnee.
(a) Written notice.--
Within 30 days after the filing of the declaration of taking, the condemnor shall give written notice of the filing to the condemnee, to any mortgagee of record and to any lienholder of record.
(b) Service.--
(1) The notice shall be served, within or without this Commonwealth, by any competent adult in the same manner as in a civil action or by registered mail to the last known address of the person being served.
(2) If service cannot be made in the manner set forth under paragraph (1), then service shall be made by posting a copy of the notice upon the most public part of the property and by publication of a copy of the notice, omitting the plot plan required by subsection (c)(9), one time each in one newspaper of general circulation and the legal journal, if any, published in the county.
(c) Contents.--
The notice to be given the condemnee shall state:
(1) The caption of the case.
(2) The date of filing of the declaration of taking and the court term and number.
(3) The name of the condemnee to whom it is directed.
(4) The name and address of the condemnor.
(5) A specific reference to the statute and section under which the condemnation action is authorized.
(6) A specific reference to the action, whether by ordinance, resolution or otherwise, by which the declaration of taking was authorized, including the date when the action was taken and the place where the record may be examined.
(7) A brief description of the purpose of the condemnation.
(8) A statement that the condemnee's property has been condemned and a reasonable identification of the property.
(9) In the case of a partial taking, a plot plan showing the condemnee's entire property and the area taken.
(10) A statement of the nature of the title acquired.
(11) A statement specifying where a plan showing the condemned property may be inspected in the county in which the property taken is located.
(12) A statement of how just compensation has been made or secured.
(13) A statement that, if the condemnee wishes to challenge the power or the right of the condemnor to appropriate the condemned property, the sufficiency of the security, the procedure followed by the condemnor or the declaration of taking, the condemnee must file preliminary objections within 30 days after being served with notice of condemnation.
(d) Compliance.--
Service of a copy of the declaration of taking, together with the information and notice required by subsection (c)(2), (8), (9) and (13), shall constitute compliance with the notice requirements of this section.
(e) Proof of service.--
The condemnor shall file proof of service of the notice.
Cross References.
Section 305 is referred to in section 310 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 3 - Procedure to Condemn › Section 306 - Preliminary objections

§ 306. Preliminary objections.
(a) Filing and exclusive method of challenging certain matters.--
(1) Within 30 days after being served with notice of condemnation, the condemnee may file preliminary objections to the declaration of taking.
(2) The court upon cause shown may extend the time for filing preliminary objections.
(3) Preliminary objections shall be limited to and shall be the exclusive method of challenging:
(i) The power or right of the condemnor to appropriate the condemned property unless it has been previously adjudicated.
(ii) The sufficiency of the security.
(iii) The declaration of taking.
(iv) Any other procedure followed by the condemnor.
(b) Waiver.--
Failure to raise by preliminary objections the issues listed in subsection (a) shall constitute a waiver. Issues of compensation may not be raised by preliminary objections.
(c) Grounds to be stated.--
Preliminary objections shall state specifically the grounds relied on.
(d) When raised.--
All preliminary objections shall be raised at one time and in one pleading. They may be inconsistent.
(e) Service.--
The condemnee shall serve a copy of the preliminary objections on the condemnor within 72 hours after filing them.
(f) Disposition.--
(1) The court shall determine promptly all preliminary objections and make preliminary and final orders and decrees as justice shall require, including the revesting of title.
(2) If an issue of fact is raised, the court shall take evidence by depositions or otherwise.
(3) The court may allow amendment or direct the filing of a more specific declaration of taking.
(g) Costs and expenses.--
(1) If preliminary objections which have the effect of terminating the condemnation are sustained, the condemnor shall reimburse the condemnee for reasonable appraisal, attorney and engineering fees and other costs and expenses actually incurred because of the condemnation proceedings.
(2) The court shall assess costs and expenses under this subsection.
Cross References.
Section 306 is referred to in sections 303, 307, 308, 519, 710 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 3 - Procedure to Condemn › Section 308 - Revocation of condemnation proceedings

§ 308. Revocation of condemnation proceedings.
(a) Declaration of relinquishment.--
(1) The condemnor, by filing a declaration of relinquishment in court within two years from the filing of the declaration of taking and before having made the payment provided in section 307(a) or (b) (relating to possession, right of entry and payment of compensation) or as to which the condemnee has not tendered possession of the condemned property as provided in section 307, may relinquish all or any part of the property condemned that it has not taken actual possession of for use in the improvement.
(2) The title shall then revest in the condemnee as of the date of the filing of the declaration of taking, and all mortgages and other liens existing as of that date and not thereafter discharged shall be reinstated.
(b) Notice.--
Notice of the relinquishment shall be:
(1) Recorded in the office of the recorder of deeds of the county in which the property taken is located, with the condemnor as the grantor and the condemnee as the grantee.
(2) Served on the condemnee, any mortgagee of record and any lienholder of record in the same manner as provided for service of the declaration of taking.
(c) Fees.--
The fees payable to the recorder for recording the notice of relinquishment shall be in the same amounts as provided in section 304(c) (relating to recording notice of condemnation).
(d) Costs and expenses.--
Where condemned property is relinquished, the condemnee shall be reimbursed by the condemnor for reasonable costs and expenses as provided in section 306(g) (relating to preliminary objections).
(e) Agreement.--
The condemnor and the condemnee, without the filing of a declaration of relinquishment, may by agreement effect a revesting of title in the condemnee which agreement shall be properly recorded.
Cross References.
Section 308 is referred to in sections 519, 710 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 3 - Procedure to Condemn › Section 309 - Right to enter property prior to condemnation

§ 309. Right to enter property prior to condemnation.
(a) General rule.--
Prior to the filing of the declaration of taking, the condemnor or its employees or agents shall have the right to enter upon any land or improvement in order to make studies, surveys, tests, soundings and appraisals.
(b) Notice to owner required.--
The owner of the land or the party in whose name the property is assessed shall be notified ten days prior to entry on the property.
(c) Damages.--
(1) Any actual damages sustained by the owner of a property interest in the property entered upon by the condemnor shall be paid by the condemnor.
(2) Damages shall be assessed by the court, or the court may refer the matter to viewers to ascertain and assess the damages sustained by the condemnee.
(d) Construction.--
The exercise of this right of entry by the condemnor shall neither constitute a condemnation nor be interpreted as a notice of an intent to acquire the real property.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 3 - Procedure to Condemn › Section 310 - Abandonment of project

§ 310. Abandonment of project.
(a) Disposition of property.--
If a condemnor has condemned a fee and then abandons the purpose for which the property has been condemned, the condemnor may dispose of it by sale, lease, gift, devise or other transfer with the following restrictions:
(1) If the property is undeveloped or has not been substantially improved, it may not be disposed of within ten years after condemnation without first being offered to the condemnee at the same price paid to the condemnee by the condemnor.
(2) If the property is located outside the corporate boundaries of a county of the first or second class and is undeveloped or has not been substantially improved and was devoted to agricultural use at the time of the condemnation, it may not be disposed of within 21 years after condemnation without first being offered to the condemnee at the same price paid to the condemnee by the condemnor.
(3) If the property is undeveloped or has not been substantially improved and the offers required to be made under paragraphs (1) and (2) have not been accepted, the property shall not be disposed of by any condemnor, acquiring agency or subsequent purchaser for a nonpublic use or purpose within 21 years after condemnation. Upon petition by the condemnor, the court may permit disposal of the property in less than 21 years upon proof by a preponderance of the evidence that a change in circumstances has abrogated the original public purpose for which the property was taken.
(b) Notice.--
The condemnee shall be served with notice of the offer in the same manner as prescribed for the service of notices in section 305(b) (relating to notice to condemnee) and shall have 90 days after receipt of notice to make written acceptance.
(c) Certain conditional offers prohibited.--
The condemnor may not condition any offer required to be made to a condemnee under subsection (a) on the payment by the condemnee of additional fees, real estate taxes or payments in lieu of taxes or other costs.
(d) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Agricultural commodity." As defined in section 2 of the act of June 10, 1982 (P.L.454, No.133), referred to as the Right-to-Farm Law.
"Agricultural use." Land which is used for the purpose of producing an agricultural commodity or is devoted to and meets the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the Federal Government. Land containing a farmhouse or other buildings related to farming shall be deemed to be in agricultural use. The term includes a woodlot and land which is rented to another person and used for the purpose of producing an agricultural commodity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 501 - Agreement as to damages

§ 501. Agreement as to damages.
At any stage of the proceedings, the condemnor and the condemnee may agree upon all or any part or item of the damages and proceed to have those parts or items not agreed upon assessed as provided in this chapter. The condemnor may make payment of any part or item agreed upon.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 502 - Petition for appointment of viewers

§ 502. Petition for appointment of viewers.
(a) Contents of petition.--
A condemnor, condemnee or displaced person may file a petition requesting the appointment of viewers, setting forth:
(1) A caption designating the condemnee or displaced person as the plaintiff and the condemnor as the defendant.
(2) The date of the filing of the declaration of taking and whether any preliminary objections have been filed and remain undisposed of.
(3) In the case of a petition of a condemnee or displaced person, the name of the condemnor.
(4) The names and addresses of all condemnees, displaced persons and mortgagees known to the petitioner to have an interest in the property acquired and the nature of their interest.
(5) A brief description of the property acquired.
(6) A request for the appointment of viewers to ascertain just compensation.
(b) Property included in condemnor's petition.--
The condemnor may include in its petition any or all of the property included in the declaration of taking.
(c) Condemnation where no declaration of taking has been filed.--
(1) An owner of a property interest who asserts that the owner's property interest has been condemned without the filing of a declaration of taking may file a petition for the appointment of viewers substantially in the form provided for in subsection (a) setting forth the factual basis of the petition.
(2) The court shall determine whether a condemnation has occurred, and, if the court determines that a condemnation has occurred, the court shall determine the condemnation date and the extent and nature of any property interest condemned.
(3) The court shall enter an order specifying any property interest which has been condemned and the date of the condemnation.
(4) A copy of the order and any modification shall be filed by the condemnor in the office of the recorder of deeds of the county in which the property is located and shall be indexed in the deed indices showing the condemnee as grantor and the condemnor as grantee.
(d) Separate proceedings.--
The court, in furtherance of convenience or to avoid prejudice, may, on its own motion or on motion of any party, order separate viewers' proceedings or trial when more than one property has been included in the petition.
Cross References.
Section 502 is referred to in sections 504, 709 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 503 - View

§ 503. View.
In every proceeding:
(1) At least one of the viewers appointed shall be an attorney at law who shall be chairman of the board and who shall attend the view.
(2) At least two of the three viewers appointed shall view the property in question.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 504 - Appointment of viewers

§ 504. Appointment of viewers.
(a) Court to appoint.--
(1) Upon the filing of a petition for the appointment of viewers, the court, unless preliminary objections to the validity of the condemnation or jurisdiction warranting delay are pending, shall promptly appoint three viewers who shall view the premises, hold hearings and file a report.
(2) In counties of the first class, the court may appoint an alternate viewer in addition to the three viewers specifically appointed.
(3) The prothonotary shall promptly notify the viewers of their appointment unless a local rule provides another method of notification.
(4) No viewer shall represent a client or testify as an expert witness before the board.
(b) Service of petition for the appointment of viewers and order appointing viewers.--
The petitioners shall promptly send to all other parties by registered mail, return receipt requested, a certified true copy of the petition for the appointment of viewers and a copy of the court order appointing the viewers if an order has been entered. A copy of the petition and order, if entered, shall also be mailed to all mortgagees and other lienholders of record.
(c) Notice of views and hearings.--
The viewers shall give notice of the time and place of all views and hearings. The notice shall be given to all parties by not less than 30 days written notice by registered mail, return receipt requested.
(d) Preliminary objections.--
(1) Any objection to the appointment of viewers may be raised by preliminary objections filed within 30 days after receipt of notice of the appointment of viewers.
(2) Objections to the form of the petition or the appointment or the qualifications of the viewers in any proceeding or to the legal sufficiency or factual basis of a petition filed under section 502(c) (relating to petition for appointment of viewers) are waived unless included in preliminary objections.
(3) An answer with or without new matter may be filed within 20 days of service of preliminary objections, and a reply to new matter may be filed within 20 days of service of the answer.
(4) The court shall determine promptly all preliminary objections and make any orders and decrees as justice requires.
(5) If an issue of fact is raised, the court shall conduct an evidentiary hearing or order that evidence be taken by deposition or otherwise, but in no event shall evidence be taken by the viewers on this issue.
Cross References.
Section 504 is referred to in section 510 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 505 - Service of notice of view and hearing

§ 505. Service of notice of view and hearing.
(a) General rule.--
Notice of the view and hearing shall be served, within or without this Commonwealth, by any competent adult in the same manner as a civil action or by registered mail, return receipt requested, to the last known address of the condemnee and condemnor.
(b) Public posting.--
If service cannot be made in the manner set forth in subsection (a), then service shall be made by posting a copy of the notice upon a public part of the property and by publication, at the cost of the condemnor, once in a newspaper of general circulation and once in the legal publication, if any, designated by rule or order of court for publication of legal notices, published in the county.
(c) Proof of service.--
Proof of service and the manner of service shall be attached to the viewers' report.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 506 - Additional condemnees, mortgagees and intervention

§ 506. Additional condemnees, mortgagees and intervention.
(a) Identification.--
The condemnee, at or before the hearing at which the claim is presented, shall furnish the viewers and the condemnor with the names and addresses of all other condemnees known to the condemnee to have an interest in his property and the nature of their interests and the names and addresses of all mortgagees and lienholders of record known to the condemnee.
(b) Notice.--
(1) The viewers shall notify by written notice all persons whose names are furnished under subsection (a) of the pendency of the proceedings and of subsequent hearings.
(2) If these persons have not received 20 days' notice of the hearing, the viewers shall, upon request, adjourn the hearing to allow notice.
(c) Intervention.--
The court may permit a mortgagee, judgment creditor or other lienholder to intervene in the proceedings where the person's interest is not adequately protected, but a person shall not be a party to the proceedings unless the person has intervened.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 507 - Joint claims

§ 507. Joint claims.
(a) Required.--
The claims of all the owners of the condemned property, including joint tenants, tenants in common, life tenants, remaindermen, owners of easements or ground rents and all others having an interest in the property and the claims of all tenants, if any, of the property, shall be heard or tried together.
(b) Apportionment of damages.--
The award of the viewers or the verdict on appeal from the viewers shall, first, fix the total amount of damages for the property and, second, apportion the total amount of damages between or among the several claimants entitled to damages.
(c) Separate hearings.--
Claims for special damages under section 902 (relating to moving and related expenses of displaced persons) may be heard or tried separately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 508 - Appointment of trustee or guardian ad litem

§ 508. Appointment of trustee or guardian ad litem.
The court on its own motion may, or on petition of any party in interest shall, appoint a trustee ad litem or guardian ad litem, as may be appropriate, in accordance with general rules.