Pa. Cons. Stat. » 26 Pa. Cons. Stat. (EMINENT DOMAIN) / Chapter 3

26 Pa. Cons. Stat. § 302

  Declaration of taking.

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§ 302.  Declaration of taking.

(a)  Condemnation and passage of title.--

(1)  Condemnation under the power of condemnation given by law to a condemnor shall be effected only by the filing in court of a declaration of taking with the security required under section 303(a) (relating to security required).

(2)  The title which the condemnor acquires in the property condemned shall pass to the condemnor on the date of the filing, and the condemnor shall be entitled to possession under section 307 (relating to possession, right of entry and payment of compensation).

(b)  Contents.--The declaration of taking shall be in writing and executed by the condemnor and shall be captioned as a proceeding in rem and contain the following:

(1)  The name and address of the condemnor.

(2)  A specific reference to the statute and section under which the condemnation is authorized.

(3)  A specific reference to the action, whether by ordinance, resolution or otherwise, by which the declaration of taking was authorized, including the date when the action was taken and the place where the record may be examined.

(4)  A brief description of the purpose of the condemnation.

(5)  A description of the property condemned, sufficient for identification, specifying the municipal corporation and the county or counties where the property taken is located, a reference to the place of recording in the office of the recorder of deeds of plans showing the property condemned or a statement that plans showing the property condemned are on the same day being lodged for record or filed in the office of the recorder of deeds in the county in accordance with section 304 (relating to recording notice of condemnation).

(6)  A statement of the nature of the title acquired, if any.

(7)  A statement specifying where a plan showing the condemned property may be inspected in the county in which the property taken is located.

(8)  A statement of how just compensation has been made or secured.

(c)  More than one property included in declaration.--The condemnor may include in one declaration of taking any or all of the properties specified in the action by which the declaration of taking was authorized.

(d)  Fee.--The prothonotary shall charge one fee for filing each declaration of taking, which shall be the same regardless of the number of properties or condemnees included.

(e)  Filing.--The condemnor shall file within one year of the action authorizing the declaration of taking a declaration of taking covering all properties included in the authorization not otherwise acquired by the condemnor within this time.

Notes of Decisions
Cited in 44 cases (20 in the last 5 years), 2008–2025 · leading case: In Re: Condemnation by PennDOT, of Right-of-Way for State Route 0095, Section BSR, in the City of Philadelphia ~ Appeal
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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 12× “Section 302(a) of the Eminent Domain Code, 26 Pa. C.S. § 302(a). Furthermore, the condemnor must give notice to the condemnee of the filing of the declaration of taking within thirty days after its filing.”
Szabo, S. v. PennDOT, Aplt. (2019) pa · cites it 4× “§§ 302 and 305, respectively), PennDOT had included in the declaration of taking a description of the property condemned and a reference to the place where the plans showing the condemned property were recorded and could be inspected as well as sent the condemnee a plot plan…”
Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P. (2018) pacommwct · cites it 2× “Martin involved litigation over declarations of taking that Sunoco filed in the Court of Common Pleas of Cumberland County pursuant to Section 302 of the Eminent Domain Code, 6 26 Pa. C.S. § 302, condemning private property for purposes of constructing ME2.”
Stewart Merritts, Jr. v. Leslie Richards (2023) ca3 “To initiate that proceeding, PennDOT filed a declaration of taking, which, when coupled with the offer to pay compensation, conferred title to the easements to PennDOT and enabled it to later obtain a writ of possession.”
Whittaker v. County of Lawrence (2009) pawd · cites it 3× “26 Pa. Cons. Stat. § 302 (a)(2). Title to the property was revested in the Plaintiffs when their preliminary objections were sustained on appeal.”
Township of Millcreek v. A. Cres Trust of June 25, 1998 (2016) pacommwct “§ 1-402 (repealed; now codified at 26 Pa.C.S. § 302 ). The condemnor, upon filing its declaration of taking, shall record notice thereof in the office of the recorder of deeds of the county in which the property is located.”
In Re: Condemnation by Sunoco Pipeline, L.P. ~ Appeal of: C.S. Katz, Jr. and K.M. Katz (2017) pacommwct · cites it 2× “On February 24, 2016, Sunoco filed a declaration of taking pursuant to Section 302 of the Eminent Domain Code, 26 Pa.C.S. § 302, and Section 1511 of the BCL, 15 Pa.”
Downingtown Borough (Friends of Kardon Park,Aplts) (2017) pa “See 26 Pa.C.S. § 302(1) ("Condemnation under the power of condemnation given by law to a condemnor shall be effected only by the filing in court of a declaration of taking with the security required under section 303(a) (relating to security required).”
In re Condemnation by Pennsylvania Turnpike Commission (2014) pacommwct · cites it 2× “On appeal, 4 Condemnees first argue that the trial court erred in failing to conclude that section 302(b)(3) of the Code, 26 Pa.C.S. § 302(b)(3), requires that Allegheny County Council pass a resolution authorizing the Commission to take land for the expansion and…”
Szabo v. Commonwealth, Department of Transportation (2017) pacommwct “26 Pa.C.S. § 302. 2 . Section 502 of the Eminent Domain Code provides as follows: (a) Contents of petition.”
United States v. Jones (2008) paed “This argument advances the theory that through the condemnation procedures, the City of Philadelphia divested the defendant of title and ownership of the property.”
In re Condemnation by PPL Electric Utilities Corp. of Real Estate Situate in Schuylkill County (2013) pacommwct “3103, an interim guideline, provides the process by which the public utility shall obtain PUC approval for transmission siting and provides that information to be submitted should be consistent with the filing requirements for the exercise of eminent domain powers under Section…”
Show all 44 citing cases →
— 26 Pa. Cons. Stat. § 302(1) — 1 case
Downingtown Borough (Friends of Kardon Park,Aplts) (2017) pa “See 26 Pa.C.S. § 302(1) ("Condemnation under the power of condemnation given by law to a condemnor shall be effected only by the filing in court of a declaration of taking with the security required under section 303(a) (relating to security required).”
— 26 Pa. Cons. Stat. § 302(a) — 5 cases
In Re: Condemnation by PennDOT, of Right-of-Way for State Route 0095, Section BSR, in the City of Philadelphia ~ Appeal (2016) pacommwct “Section 302(a) of the Eminent Domain Code, 26 Pa. C.S. § 302(a). Furthermore, the condemnor must give notice to the condemnee of the filing of the declaration of taking within thirty days after its filing.”
Upper Perkiomen School District v. D.M. Giansante & S.J. Giansante (2019) pacommwct
S.R. Trinidad v. Com. of PA, DOT (2022) pacommwct
In Re: Condemnation by the PA Turnpike Commision of Property Located in the Borough of West Mifflin ~ Appeal of: IBIS Ke (2022) pacommwct
T.M. Bolick & E.B. Bolick v. NE Ind. Srvcs. Corp. (2023) pacommwct
— 26 Pa. Cons. Stat. § 302(a)(1) — 4 cases
S.R. Trinidad v. Com. of PA, DOT (2022) pacommwct
G. Pignetti & J. Pignetti v. DOT (2023) pacommwct
In Re: Condemnation by the Redevelopment Authority of the City of Lancaster ~ Appeal of: Koyukon, L.P. (2024) pacommwct
S.R. Trinidad v. Com. of PA, DOT (2025) pacommwct
— 26 Pa. Cons. Stat. § 302(a)(2) — 7 cases
Whittaker v. County of Lawrence (2009) pawd “26 Pa. Cons. Stat. § 302 (a)(2). Title to the property was revested in the Plaintiffs when their preliminary objections were sustained on appeal.”
In Re: Condemnation by the PA Tpk. Commission of Property Located in the Twp. of Bristol, Bucks County, PA v. Orange Hil (2017) pacommwct
S. Gidumal & Virtus Capital Advisors, LLC v. DOT (State Bd. of Property) (2024) pacommwct
In Re: Condemnation by the Com. of PA, DOT ~ Appeal of: Virtus Capital Advisors, LLC (2024) pacommwct
G. Pignetti & J. Pignetti v. DOT (2023) pacommwct
— 26 Pa. Cons. Stat. § 302(b) — 5 cases
In Re: Condemnation by PennDOT, of Right-of-Way for State Route 0095, Section BSR, in the City of Philadelphia ~ Appeal (2016) pacommwct “Section 302(a) of the Eminent Domain Code, 26 Pa. C.S. § 302(a). Furthermore, the condemnor must give notice to the condemnee of the filing of the declaration of taking within thirty days after its filing.”
Szabo, S. v. PennDOT, Aplt. (2019) pa “§§ 302 and 305, respectively), PennDOT had included in the declaration of taking a description of the property condemned and a reference to the place where the plans showing the condemned property were recorded and could be inspected as well as sent the condemnee a plot plan…”
Lower Perkiomen Valley Regional Sewer Auth. v. Beyer (2011) pactcomplmontgo
Szabo, S. v. PennDOT, Aplt. (2019) pa
In Re: Condemnation by the PA Turnpike Commision of Property Located in the Borough of West Mifflin ~ Appeal of: IBIS Ke (2022) pacommwct
— 26 Pa. Cons. Stat. § 302(b)(1) — 1 case
Lower Perkiomen Valley Regional Sewer Auth. v. Beyer (2011) pactcomplmontgo
— 26 Pa. Cons. Stat. § 302(b)(2) — 1 case
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (2021) pacommwct
— 26 Pa. Cons. Stat. § 302(b)(3) — 7 cases
In re Condemnation by Pennsylvania Turnpike Commission (2014) pacommwct “On appeal, 4 Condemnees first argue that the trial court erred in failing to conclude that section 302(b)(3) of the Code, 26 Pa.C.S. § 302(b)(3), requires that Allegheny County Council pass a resolution authorizing the Commission to take land for the expansion and…”
Lower Perkiomen Valley Regional Sewer Auth. v. Beyer (2011) pactcomplmontgo
In Re: Condemnation by Sunoco Pipeline, L.P. -- Appeal of: R. Blume and D. Blume (2017) pacommwct
Condemnation by the North Strabane Twp. Municipal Authority, Washington County, PA ~ Appeal of: L.D. Fowler and C.L. Fow (2017) pacommwct
In Re: Condemnation by the Gen. Mun. Auth. of the City of Nanticoke ~ Appeal of: C.J. Pomicter & M.L. Pomicter (2023) pacommwct
— 26 Pa. Cons. Stat. § 302(b)(4) — 2 cases
Lower Perkiomen Valley Regional Sewer Auth. v. Beyer (2011) pactcomplmontgo
In re: Condemnation of Property in Rem ~ Appeal of: J.L. Clemens & K.B. Clemens (2025) pacommwct
— 26 Pa. Cons. Stat. § 302(b)(5) — 6 cases
Szabo, S. v. PennDOT, Aplt. (2019) pa “§§ 302 and 305, respectively), PennDOT had included in the declaration of taking a description of the property condemned and a reference to the place where the plans showing the condemned property were recorded and could be inspected as well as sent the condemnee a plot plan…”
In re Condemnation by PPL Electric Utilities Corp. of Real Estate Situate in Schuylkill County (2013) pacommwct “3103, an interim guideline, provides the process by which the public utility shall obtain PUC approval for transmission siting and provides that information to be submitted should be consistent with the filing requirements for the exercise of eminent domain powers under Section…”
In Re: Condemnation by the Gen. Mun. Auth. of the City of Nanticoke ~ Appeal of: C.J. Pomicter & M.L. Pomicter (2023) pacommwct
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (2021) pacommwct
In Re: Condemnation by Newtown Twp. ~ Appeal of: D. Rafferty (2022) pacommwct
— 26 Pa. Cons. Stat. § 302(b)(6) — 1 case
In Re: Condemnation by Newtown Twp. ~ Appeal of: D. Rafferty (2022) pacommwct
— 26 Pa. Cons. Stat. § 302(b)(8) — 1 case
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (2021) pacommwct
— 26 Pa. Cons. Stat. § 302(e) — 4 cases
In Re: Condemnation by PennDOT, of Right-of-Way for State Route 0095, Section BSR, in the City of Philadelphia ~ Appeal (2016) pacommwct “Section 302(a) of the Eminent Domain Code, 26 Pa. C.S. § 302(a). Furthermore, the condemnor must give notice to the condemnee of the filing of the declaration of taking within thirty days after its filing.”
In Re: Condemnation by Newtown Twp. ~ Appeal of: D. Rafferty (2022) pacommwct
In the Matter of Proceedings by the Redev. Auth. of the City of Erie ~ Appeal of: Zac Assocs., LLC (2022) pacommwct
In Re Condemnation by the Redevelopment Authority of Allentown (2011) pacommwct
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