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

26 Pa. Cons. Stat. § 303 (2026)

  Security required.

✓ current as of May 2026
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§ 303.  Security required.

(a)  Bond.--Except as provided in subsection (b), every condemnor shall give security to effect the condemnation by filing with the declaration of taking its bond, without surety, to the Commonwealth for the use of the owner of the property interests condemned, the condition of which shall be that the condemnor shall pay the damages determined by law.

(b)  Pledge of tax revenues.--

(1)  Where a condemnor has the power of taxation, it shall not be required to file a bond with the declaration of taking.

(2)  The funds raised or authorized by law to be raised by the power of taxation of the condemnor shall be deemed pledged and are made security for the payment of the damages determined by law.

(c)  Insufficient security.--The court, upon preliminary objections of the condemnee under and within the time set forth in section 306(a) (relating to preliminary objections), may require the condemnor to give bond and security as the court deems proper if it appears to the court that the bond or power of taxation of the condemnor is insufficient security.

 

Cross References.  Section 303 is referred to in section 302 of this title.

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 2008–2022 · leading case: Szabo, S. v. PennDOT, Aplt., 202 A.3d 52 (Pa. 2019).
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Szabo, S. v. PennDOT, Aplt., 202 A.3d 52 (Pa. 2019). “" 26 Pa.C.S. § 303(a). However, if "a condemnor has the power of taxation, it shall not be required to file a bond with the declaration of taking.”
Whittaker v. Cnty. of Lawrence, 674 F. Supp. 2d 668 (W.D. Pa. 2009). “26 Pa. Cons. Stat. § 303 . Pennsylvania law affords the Plaintiffs the right to recover the costs and expenses that they incurred because of the condemnation proceedings initiated by the Defendants.”
York City Redevelopment Auth. v. Ohio Blenders, Inc., 956 A.2d 1052 (Pa. Commw. Ct. 2008). “26 Pa.C.S. § 303(b). 6 . The former Eminent Domain Code, Act of June 22, 1964, Special Session, P.”
Condemnation by the North Strabane Twp. Mun. Auth., Washington Cnty., PA ~ Appeal of: L.D. Fowler & C.L. Fowler (Pa. Commw. Ct. 2017). · cites it 4× “hority did not properly notify the Fowlers because the notice of condemnation (Notice) failed to include a metes and bounds description or plan of the taking, was improperly titled, and failed to contain information about the case, including the filing date and docket number;…”
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021). · cites it 3× “The same day, AMED filed a bond (Bond) pursuant to section 303 of the Eminent Domain Code (Code), 26 Pa.C.S. §303. (R.R. 2 53 Pa.C.S. §§5601-5623.”
In Re: Condemnation by Sunoco Pipeline L.P. of Permanent & Temp. Rights of Way & Easements ~ Appeal of: Andover HOA Inc. (Pa. Commw. Ct. 2017). · cites it 2× “]” 26 Pa.C.S. § 303(a). Here, Sunoco filed a $23,000.”
In Re: Condemnation of Land In Morrisville, Bucks Co., PA located at 22 Delaware Ave. Tax Map Parcel No. 24-010-074 ~ Appeal of: J. Kliesh (Pa. Commw. Ct. 2020). · cites it 2× “the purpose of the condemnation; (5) the location of the Property; (6) the title being acquired was fee simple and absolute; (7) information that a plan showing the Property was available for inspection at the Authority’s principal location; and (8) just compensation for the…”
G.D. Wolfe & M.O. Wolfe, h&w v. Reading Blue Mtn. & N. RR Co. (Pa. Commw. Ct. 2022). · cites it 2× “26 Pa.C.S. § 303(a),(c) (emphasis added).”
Szabo, S. v. PennDOT, Aplt. (Pa. 2019). “” 26 Pa.C.S. § 303(a). However, if “a condemnor has the power of taxation, it shall not be required to file a bond with the declaration of taking.”
In Re: Condemnation by Newtown Twp. ~ Appeal of: D. Rafferty (Pa. Commw. Ct. 2022). “6 26 Pa. C.S. §303. Section 303(a) and (c) of the Code states: (Footnote continued on next page…) 5 Prior to hearing on the objections, Condemnee sought to compel the Authority to engage in discovery under the Pennsylvania Rules of Civil Procedure.”
Mader v. Union Twp. (W.D. Pa. 2021). “” 26 Pa. C.S. § 303(b)(2). Therefore, the Maders are not at risk of being deprived of an adequate opportunity to raise their federal claims or recover for them, if successful.”
In re Condemnation of Right-of-Way for State Route 0145, 22 Pa. D. & C.5th 493 (2011). “However, 26 Pa.C.S. § 303(b)(1) states that “[wjhere a condemnor has the power of taxation, it shall not be required to file a bond with a declaration of taking.”
— 26 Pa. Cons. Stat. § 303(a) — 6 cases
Szabo, S. v. PennDOT, Aplt., 202 A.3d 52 (Pa. 2019). “" 26 Pa.C.S. § 303(a). However, if "a condemnor has the power of taxation, it shall not be required to file a bond with the declaration of taking.”
Condemnation by the North Strabane Twp. Mun. Auth., Washington Cnty., PA ~ Appeal of: L.D. Fowler & C.L. Fowler (Pa. Commw. Ct. 2017). “hority did not properly notify the Fowlers because the notice of condemnation (Notice) failed to include a metes and bounds description or plan of the taking, was improperly titled, and failed to contain information about the case, including the filing date and docket number;…”
In Re: Condemnation by Sunoco Pipeline L.P. of Permanent & Temp. Rights of Way & Easements ~ Appeal of: Andover HOA Inc. (Pa. Commw. Ct. 2017). “]” 26 Pa.C.S. § 303(a). Here, Sunoco filed a $23,000.”
Szabo, S. v. PennDOT, Aplt. (Pa. 2019). “” 26 Pa.C.S. § 303(a). However, if “a condemnor has the power of taxation, it shall not be required to file a bond with the declaration of taking.”
G.D. Wolfe & M.O. Wolfe, h&w v. Reading Blue Mtn. & N. RR Co. (Pa. Commw. Ct. 2022). “26 Pa.C.S. § 303(a),(c) (emphasis added).”
— 26 Pa. Cons. Stat. § 303(b) — 2 cases
York City Redevelopment Auth. v. Ohio Blenders, Inc., 956 A.2d 1052 (Pa. Commw. Ct. 2008). “26 Pa.C.S. § 303(b). 6 . The former Eminent Domain Code, Act of June 22, 1964, Special Session, P.”
Condemnation by the North Strabane Twp. Mun. Auth., Washington Cnty., PA ~ Appeal of: L.D. Fowler & C.L. Fowler (Pa. Commw. Ct. 2017). “hority did not properly notify the Fowlers because the notice of condemnation (Notice) failed to include a metes and bounds description or plan of the taking, was improperly titled, and failed to contain information about the case, including the filing date and docket number;…”
— 26 Pa. Cons. Stat. § 303(b)(1) — 1 case
In re Condemnation of Right-of-Way for State Route 0145, 22 Pa. D. & C.5th 493 (2011). “However, 26 Pa.C.S. § 303(b)(1) states that “[wjhere a condemnor has the power of taxation, it shall not be required to file a bond with a declaration of taking.”
— 26 Pa. Cons. Stat. § 303(b)(2) — 1 case
Mader v. Union Twp. (W.D. Pa. 2021). “” 26 Pa. C.S. § 303(b)(2). Therefore, the Maders are not at risk of being deprived of an adequate opportunity to raise their federal claims or recover for them, if successful.”
— 26 Pa. Cons. Stat. § 303(c) — 2 cases
In Re: Condemnation by Sunoco Pipeline L.P. of Permanent & Temp. Rights of Way & Easements ~ Appeal of: Andover HOA Inc. (Pa. Commw. Ct. 2017). “]” 26 Pa.C.S. § 303(a). Here, Sunoco filed a $23,000.”
G.D. Wolfe & M.O. Wolfe, h&w v. Reading Blue Mtn. & N. RR Co. (Pa. Commw. Ct. 2022). “26 Pa.C.S. § 303(a),(c) (emphasis added).”
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