Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 103 (2026)

Definitions.

✓ current as of May 2026

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§ 103. Definitions.

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Acquiring agency." Any entity, including the Commonwealth, vested with the power of eminent domain by the laws of this Commonwealth. This definition is subject to section 901 (relating to definitions).

"Acquisition cost." General damages or, in the event of amicable acquisition, the price paid by the acquiring agency.

"Business." Any lawful activity, except a farm operation, conducted:

(1) primarily for the purchase, sale, lease or rental of personal or real property or for the manufacture, processing or marketing of products, commodities or any other personal property;

(2) primarily for the sale of services to the public;

(3) primarily for outdoor advertising display purposes if the display must be moved as a result of the project; or

(4) by a nonprofit organization.

"Comparable replacement dwelling." A dwelling that is:

(1) Decent, safe and sanitary.

(2) Adequate in size to accommodate the occupants.

(3) Within the financial means of the displaced person.

(4) Functionally equivalent.

(5) In an area not subject to unreasonable adverse environmental conditions.

(6) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services and the displaced person's place of employment.

"Condemn." To take, injure or destroy property by authority of law for a public purpose.

"Condemnee." The owner of a property interest taken, injured or destroyed. The term does not include a mortgagee, judgment creditor or other lienholder.

"Condemnor." The acquiring agency, including the Commonwealth, that takes, injures or destroys property by authority of law for a public purpose.

"Court." The court of common pleas.

"Displaced person."

(1) Except as set forth in paragraph (2) or (3), any of the following:

(i) A condemnee or other person that moves from real property or moves personal property from real property:

(A) as a direct result of a written notice of intent to acquire or the acquisition of the real property, in whole or in part, for a program or project undertaken by an acquiring agency; or

(B) on which such person is a residential tenant or conducts a small business or a farm operation as a direct result of rehabilitation, demolition or other displacing activity for a program or project undertaken by an acquiring agency if the displacement is permanent.

(ii) A person that was in occupancy of the real property on or before the date of acquisition, notwithstanding the termination or expiration of a lease entered into before or after the event giving rise to the displacement.

(2) The term does not include any of the following:

(i) A person that unlawfully occupies the displacement property or occupied the property for the purpose of obtaining assistance under this title.

(ii) In any case in which the acquiring agency acquires real property for a program or project, a person, other than a person that was an occupant of the property at the time it was acquired, that occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.

(3) This definition is subject to section 902(a)(2) (relating to moving and related expenses of displaced persons).

"Farm operation." Any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing these products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

"Natural disaster." A disaster officially declared as a natural disaster by the Governor.

"Personal property." Any tangible property not considered to be real property for purposes of general damages under the laws of this Commonwealth.

"Program or project." Any program or project undertaken by or for an acquiring agency as to which it has the authority to exercise the power of eminent domain.

"Small business." A business that has less than 501 employees who are:

(1) working at the site being acquired; or

(2) permanently displaced by a program or project.

"Utility." A public utility as defined in 66 Pa.C.S. § 102 (relating to definitions).

Notes of Decisions

Cited in 14 cases (7 in the last 5 years), 2007–2025 · leading case: Nutter v. Dougherty, 938 A.2d 401 (Pa. 2007).

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Nutter v. Dougherty, 938 A.2d 401 (Pa. 2007). · cites it 2× “"); 26 Pa.C.S. § 103, Jt. St. Govt. Comm. Cmt.”

In Re: Condemnation by PennDOT, of Right-of-Way for State Route 0095, Section BSR, in the City of Philadelphia ~ Appeal of: PennDOT, 131 A.3d 625 (Pa. Commw. Ct. 2016). · cites it 2× “” 3 of the Eminent Doman Code, 26 Pa. C.S. § 103. The Eminent Domain Code, however, “does not confer or limit the authority to condemn.”

Clean Air Council, M.M. deMarteleire & M.S. Bomstein v. Sunoco Pipeline, L.P., 185 A.3d 478 (Pa. Commw. Ct. 2018). “See 26 Pa. C.S. § 103 (definition of "condemnee").”

Steen v. Pennsylvania Tpk. Comm'n, 3 A.3d 747 (Pa. Commw. Ct. 2010). · cites it 2× “" 26 Pa. C.S. § 103. Furthermore, Section 507(a) requires the "claim of all the owners of the condemned property, including .”

In Re: Condemnation of Land in Bristol Twp. ~ Appeal of: The Bank of New York Mellon (Pa. Commw. Ct. 2020). · cites it 6× “” Section 103 of the Code, 26 Pa.C.S. § 103. Based on these definitions, the trial court determined that: there is no way to interpret this statute that would give the Bank the remedy it seeks.”

R. Keenhold, Jr. v. Com. of PA, Dept. of L & I (Pa. Commw. Ct. 2021). · cites it 3× “” 26 Pa.C.S. § 103 (emphasis provided). Concerning special damages for displacement, Section 901 of the Code defines “acquiring agency” as “an agency or person that is carrying out a program or project to the extent that the agency or person causes a person to become a displaced…”

M. McAnally v. PennDOT (Pa. Commw. Ct. 2016). · cites it 2× “at 5 (quoting 26 Pa. C.S. § 103 9 Pa. R.A.P. 1925(b). Rule 1925(b) requires, in relevant part, that If the judge entering the order giving rise to the notice of appeal (“judge”) desires clarification of the errors complained of on appeal, the judge may enter an order directing…”

Hughes, C., Aplts. v. UGI Storage Co. (Pa. 2021). · cites it 2× “” 26 Pa.C.S. §103. This approach adheres closely to the constitutional conception of a taking.”

Albrecht, J., Aplt. v. UGI Storage Co. (Pa. 2021). · cites it 2× “” 26 Pa.C.S. §103. This approach adheres closely to the constitutional conception of a taking.”

In Re: Condemnation by the Com. of PA, DOT ~ Appeal of: Virtus Capital Advisors, LLC (Pa. Commw. Ct. 2024). · cites it 2× “Further, the litigation pending before the Board of Property was irrelevant to the trial court’s exclusive jurisdiction over the declaration of taking.”

In re: Condemnation by Cnty. of Lancaster of a Fee Simple Interest for Constr. of Lancaster Cnty. Prison in Lancaster Twp. ~ Appeal of: W.F. Shelley a/k/a W.J. Nye (Pa. Commw. Ct. 2025). · cites it 2× “” 26 Pa.C.S. § 103 & cmt. (“It is intended by this definition to include tenants, purchasers under agreements of sale[,] and holders of options as condemnees.”

Somera Rd. - 835 W. Hamilton St., LLC v. City of Allentown (Pa. Commw. Ct. 2020). “See 26 Pa.C.S. §103 (defining “condemnee” as “[t]he owner of a property interest taken, injured or destroyed.”

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