26 Pa. Cons. Stat. § 301

Venue.

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CHAPTER 3

PROCEDURE TO CONDEMN

Sec.

301. Venue.

302. Declaration of taking.

303. Security required.

304. Recording notice of condemnation.

305. Notice to condemnee.

306. Preliminary objections.

307. Possession, right of entry and payment of compensation.

308. Revocation of condemnation proceedings.

309. Right to enter property prior to condemnation.

310. Abandonment of project.

Enactment. Chapter 3 was added May 4, 2006, P.L.112, No.34, effective in 120 days.

§ 301. Venue.

(a) General rule.--A condemnation proceeding shall be brought 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.

(b) Multiple counties.--Where the property is located in two or more counties and a proceeding is commenced in the court of one of the counties, all subsequent proceedings regarding the same property shall be brought in the same county.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2018–2023 · leading case: Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P.

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Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P. (2018) pacommwct · cites it 2× “" 26 Pa. C.S. § 301 (emphasis added). The condemnor does so by, inter alia , filing in court a declaration of taking and providing notice to the condemnee.”

T.M. Bolick & E.B. Bolick v. NE Ind. Srvcs. Corp. (2023) pacommwct “26 Pa.C.S. §§ 301(a), 302, 304. Pursuant to Section 305, the 11 property owner must receive service of written notice of the declaration through personal service, registered mail, or posting of the notice visibly on the property and publication in the appropriate local newspaper…”

MADER v. UNION TOWNSHIP (2021) pawd “See 26 Pa. C.S. §§ 301(a), 306. Preliminary objections under § 306 are designed to be the exclusive method of challenging a declaration of taking.”

— 26 Pa. Cons. Stat. § 301(a) — 2 cases

MADER v. UNION TOWNSHIP (2021) pawd “See 26 Pa. C.S. §§ 301(a), 306. Preliminary objections under § 306 are designed to be the exclusive method of challenging a declaration of taking.”

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