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

26 Pa. Cons. Stat. § 102

  Application of title.

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§ 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.

Notes of Decisions
Cited in 27 cases (9 in the last 5 years), 2010–2025 · leading case: Township of Millcreek v. A. Cres Trust of June 25, 1998
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Township of Millcreek v. A. Cres Trust of June 25, 1998 (2016) pacommwct · cites it 2× “26 Pa.C.S. § 102. Third, the type of costs that can be recovered under Section 2503(10) of the Judicial Code does not match those that can be recovered under former Section 408 of the Eminent Domain Code.”
In Re Opening a Private Road for the Benefit of O'Reilly (2010) pa · cites it 2× “See supra note 5; accord 26 Pa.C.S. § 102. This Court has maintained that, to satisfy this obligation, the public must be the primary and paramount beneficiary of the taking.”
Robinson Township v. Commonwealth (2013) pa “See 26 Pa. C.S. § 102(a). Rather, the citizens filed their claim pursuant to the Declaratory Judgment Act.”
In Re: Condemnation by PennDOT, of Right-of-Way for State Route 0095, Section BSR, in the City of Philadelphia ~ Appeal (2016) pacommwct · cites it 2× “” Section 102 of the Eminent Domain Code, 26 Pa. C.S. § 102. It defines the term “condemn” as “[t]o take, injure or destroy property by authority of law for a public purpose.”
Rose Mary Knick v. Township of Scott (2017) ca3 “B Second, Knick argues that she exhausted state-law remedies because she *327 sued unsuccessfully in state court. We disagree. The Eminent Domain Code provides the “complete and exclusive procedure and law to govern all condemnations of property for public purposes and the…”
Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P. (2018) pacommwct “" 26 Pa. C.S. § 102. To condemn property, the condemnor must commence an action " 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.”
York Road Realty Co., L.P. v. Cheltenham Twp. (2016) pacommwct “26 Pa.C.S. § 102(a). Both of York Road's claims were brought pursuant to the Code as required.”
Reading Area Water Authority v. Schuylkill River Greenway Ass'n (2014) pa “As explained, however, any such exercise is subject to the limitations imposed by the Constitution and by statutory law — such as the Eminent Domain Code, which sets forth the law and procedure governing the condemnation of property in Pennsylvania, see 26 Pa.C.S. § 102(a), 10…”
Downingtown Borough (Friends of Kardon Park,Aplts) (2017) pa “” 26 Pa.C.S. § 102. 25 . While we recognized in Erie Golf Course that the General Assembly, through the enactment of the DDPA, desired to give municipalities additional options by which they could seek to divert public trust property from its intended use beyond those available…”
In Re: Condemnation by PennDOT, of Right-of-Way for SR 1032, Section B02, in the Borough of Rochester: Cronimet Corp. v. (2016) pacommwct “26 Pa.C.S. § 102. *670 Generally, where a landowner suffers specific damage to his property as a result of the negligent acts of a party with the power of eminent domain, the proper action lies in trespass.”
Szabo, S. v. PennDOT, Aplt. (2019) pa “To cure this problem, we must look to the Eminent Domain Code, which by its terms "provides a complete and exclusive procedure and law to govern all condemnations of property for public purposes and the assessment of damages.”
Customers Bank v. Municipality of Norristown (2013) paed “See 26 Pa. Cons.Stat. Ann. §§ 102, 502 (West 2013).”
Show all 27 citing cases →
— 26 Pa. Cons. Stat. § 102(a) — 9 cases
Robinson Township v. Commonwealth (2013) pa “See 26 Pa. C.S. § 102(a). Rather, the citizens filed their claim pursuant to the Declaratory Judgment Act.”
Rose Mary Knick v. Township of Scott (2017) ca3 “B Second, Knick argues that she exhausted state-law remedies because she *327 sued unsuccessfully in state court. We disagree. The Eminent Domain Code provides the “complete and exclusive procedure and law to govern all condemnations of property for public purposes and the…”
Township of Millcreek v. A. Cres Trust of June 25, 1998 (2016) pacommwct “26 Pa.C.S. § 102. Third, the type of costs that can be recovered under Section 2503(10) of the Judicial Code does not match those that can be recovered under former Section 408 of the Eminent Domain Code.”
York Road Realty Co., L.P. v. Cheltenham Twp. (2016) pacommwct “26 Pa.C.S. § 102(a). Both of York Road's claims were brought pursuant to the Code as required.”
Reading Area Water Authority v. Schuylkill River Greenway Ass'n (2014) pa “As explained, however, any such exercise is subject to the limitations imposed by the Constitution and by statutory law — such as the Eminent Domain Code, which sets forth the law and procedure governing the condemnation of property in Pennsylvania, see 26 Pa.C.S. § 102(a), 10…”
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