Pa. Cons. Stat. » 26 Pa. Cons. Stat. (EMINENT DOMAIN) / Chapter 1
Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 101 (2026)

 Short title of title.

✓ current as of May 2026
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TITLE 26

EMINENT DOMAIN

 

Chapter

1.  General Provisions

2.  Limitations on Use of Eminent Domain

3.  Procedure to Condemn

5.  Procedure for Determining Damages

7.  Just Compensation and Measure of Damages

9.  Special Damages for Displacement

11.  Evidence

 

Enactment.  Unless otherwise noted, the provisions of Title 26 were added May 4, 2006, P.L.112, No.34, effective in 120 days.

 

 

CHAPTER 1

GENERAL PROVISIONS

 

Sec.

101.  Short title of title.

102.  Application of title.

103.  Definitions.

 

Enactment.  Chapter 1 was added May 4, 2006, P.L.112, No.34, effective in 120 days.

§ 101.  Short title of title.

This title shall be known and may be cited as the Eminent Domain Code.

Notes of Decisions
Cited in 31 cases (5 in the last 5 years), 2009–2025 · leading case: Belden & Blake Corp. v. Commonwealth, 969 A.2d 528 (Pa. 2009).
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Belden & Blake Corp. v. Commonwealth, 969 A.2d 528 (Pa. 2009). · cites it 2× “84, as amended, 26 Pa.C.S. § 101 et seq. [1] Other courts have recognized that surface and subsurface owners generally address the terms on which mineral rights holders' easements will be effectuated via agreements.”
Szabo, S. v. PennDOT, Aplt., 202 A.3d 52 (Pa. 2019). · cites it 2× “JUSTICE MUNDY This appeal asks us to determine whether a failure to file preliminary objections to a declaration of taking resulted in waiver under Section 306 of the Eminent Domain Code, 26 Pa.C.S. §§ 101 - 1106 (Code). After careful review, we hold that the declaration did not…”
In Re: Condemnation by Sunoco Pipeline, L.P. of Permanent & Temp. Rights of Way for the Transp. of Ethane, Propane, Liquid Petroleum Gas, & other Petroleum Prods. in the Twp. of North Middleton, Cumberland Cnty., PA ~ Appeal of: R.S. Martin, 143 A.3d 1000 (Pa. Commw. Ct. 2016). “26 Pa.C.S. §§ 101 -1106. Condemnees cite several decisions for the proposition that "[t]he Court must .”
Rose Mary Knick v. Twp. of Scott, 862 F.3d 310 (3rd Cir. 2017). “10 In this case, the Township argues that Knick failed to comply with the second Williamson County prong, exhaustion of state-law compensation remedies, because Knick did not pursue inverse-condemnation proceedings under Pennsylvania’s Eminent Domain Code, 26 Pa. Cons. Stat.…”
Clean Air Council, M.M. deMarteleire & M.S. Bomstein v. Sunoco Pipeline, L.P., 185 A.3d 478 (Pa. Commw. Ct. 2018). “26 Pa. C.S. §§ 101 -1106. 66 Pa. C.S. §§ 101 -3316.”
Twp. of Millcreek v. A. Cres Trust of June 25, 1998, 142 A.3d 948 (Pa. Commw. Ct. 2016). “In 2006, the Eminent Domain Code was consolidated at 26 Pa.C.S. §§ 101 -1106. The trial court and the parties refer to the pre-consolidated version of the Eminent Domain Code, which was in effect when the declaration of taking of Trust property was filed.”
Downingtown Borough (Friends of Kardon Park,Aplts), 161 A.3d 844 (Pa. 2017). “26 Pa.C.S. §§ 101 et seq. 4 . Tracking the manner in which the litigation proceeded in the lower courts, Downingtown Borough has been designated by our Court as the Appellant.”
In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDOT, 194 A.3d 722 (Pa. Commw. Ct. 2018). “26 Pa. C.S. §§ 101 -1106. Act of May 1, 1933, P.”
Williams v. Borough of Blakely, 25 A.3d 458 (Pa. Commw. Ct. 2011). “See 26 Pa.C.S. § 101 (Historical and Statutory Notes).”
Church of Grace & Glory v. Commonwealth, Dep't of Transp., 76 A.3d 101 (Pa. Commw. Ct. 2013). “Act 34 enacted the consolidated Eminent Domain Code at 26 Pa.C.S. §§ 101— 1106. Although repealed and replaced by Act 34, the former Code governs this case because, with certain exceptions not applicable here, Act 34 applies only to condemnations effected on or after its…”
Lower Makefield Twp. v. Lands of Chester Dalgewicz, 67 A.3d 772 (Pa. 2013). “26 Pa.C.S. § 101 et seq. The Eminent Domain Code states, in pertinent part: At the hearing before the viewers or at the trial in court on appeal: (1) A qualified valuation expert may, on direct or cross-examination, state any or all facts and data which the expert considered in…”
PBS Coals, Inc. & Penn Pocahontas Coal, Co. v. Comwlth of PA, DOT, 206 A.3d 1201 (Pa. Commw. Ct. 2019). “26 Pa.C.S. §§ 101 -1106. Two cases mentioned by the trial court also merit a brief discussion.”
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