Pennsylvania Consolidated Statutes

11 Pa. Cons. Stat. § 12801 (2026)

Exercise of eminent domain.

✓ current as of May 2026

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CHAPTER 128

EMINENT DOMAIN

Sec.

12801. Exercise of eminent domain.

12802. Restrictions as to certain property.

12803. Title acquired.

12824. Assessment awards.

Enactment. Chapter 128 was added November 24, 2015, P.L.242, No.67, effective in 60 days.

§ 12801. Exercise of eminent domain.

(a) General rule.--In addition to all other purposes for which a city may exercise the power of eminent domain as authorized by this part or by other laws of this Commonwealth and subject to the duty to provide just compensation, a city may acquire property by eminent domain, including entering upon, appropriating, taking, using and occupying private lands and property for any of the following public purposes:

(1) The laying out, opening, widening, extending, vacating, grading or changing the grades or lines of streets.

(2) The construction of bridges and the piers, abutments and approaches for bridges.

(3) The construction of slopes, embankments and storm water sewers, including storm water drains.

(4) The erection and extension of waterworks, wharves and docks, public buildings, public works, filtration plants, sewage systems, sewage treatment works, waste disposal plants, including disposal of garbage, ashes and other refuse materials and transfer facilities, gas plants, electric power and light plants, firehouses, hospitals, public auditoriums, memorial buildings, public transportation facilities, comfort stations, homeless shelters, waiting stations, communications facilities, drinking fountains, libraries and other public buildings and public works.

(5) The establishing of recreation places.

(6) The changing of watercourses.

(7) The acquisition of lands, easements and property for use of the Pennsylvania National Guard in accordance with sections 144A13 (relating to eminent domain for National Guard purposes) and 144A14 (relating to land for armory purposes).

(b) Eminent domain proceedings.--Eminent domain proceedings shall be subject to and conform with the provisions of 26 Pa.C.S. (relating to eminent domain).

Cross References. Section 12801 is referred to in section 12960 of this title.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021).

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In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021). · cites it 5× “The trial court reasoned that under section 12801 of the Third Class City Code, 11 Pa.C.S. §12801, AMED is permitted to condemn property “for the erection of electric power and light plants, as well as public buildings,” and therefore, its condemnation for an easement on the…”

— 11 Pa. Cons. Stat. § 12801(a)(4) — 1 case

In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021). “The trial court reasoned that under section 12801 of the Third Class City Code, 11 Pa.C.S. §12801, AMED is permitted to condemn property “for the erection of electric power and light plants, as well as public buildings,” and therefore, its condemnation for an easement on the…”

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