Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 201 (2026)

Short title of chapter.

✓ current as of May 2026

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CHAPTER 2

LIMITATIONS ON USE OF EMINENT DOMAIN

Sec.

201. Short title of chapter.

202. Definitions.

203. Applicability.

204. Eminent domain for private business prohibited.

205. Blight.

206. Extraterritorial takings.

207. Eminent domain of agricultural property.

208. Eminent domain of land subject to conservation easement.

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.

§ 201. Short title of chapter.

This chapter shall be known and may be cited as the Property Rights Protection Act.

Notes of Decisions

Cited in 2 cases, 2008–2009 · leading case: Whittaker v. Cnty. of Lawrence, 674 F. Supp. 2d 668 (W.D. Pa. 2009).

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Whittaker v. Cnty. of Lawrence, 674 F. Supp. 2d 668 (W.D. Pa. 2009). “2d 439 (2005), the Pennsylvania Legislature enacted the Property Rights Protection Act ("PRPA”) [26 Pa. Cons.Stat § 201 et seql\. The PRPA generally prohibits the use of eminent domain power to acquire property that will ultimately be used for "private enterprise.”

York City Redevelopment Auth. v. Ohio Blenders, Inc., 956 A.2d 1052 (Pa. Commw. Ct. 2008). “The Historical and Statutory Notes to Section 1 of the PRPA, 26 Pa.C.S. § 201, provide that the PRPA became effective "in 120 days,” on September 1, 2006.”

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