Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 304 (2026)

Recording notice of condemnation.

✓ current as of May 2026

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§ 304. Recording notice of condemnation.

(a) County of recording.--

(1) The condemnor, upon filing its declaration of taking, shall on the same day lodge for record a notice of the declaration in the office of the recorder of deeds of the county in which the property is located.

(2) If the property is located in two or more counties, the notice shall be recorded in each county.

(b) Notice and recording requirements.--

(1) The notice shall specify:

(i) The court term and number of the declaration of taking.

(ii) The date it was filed.

(iii) A description or plan of the property condemned sufficient for identification.

(iv) The names of the owners of the property interests condemned, as reasonably known to the condemnor.

(2) The notices shall be indexed in the deed indices showing the condemnee set forth in the notice as grantor and the condemnor as grantee.

(3) If plans are to be recorded as part of the notice, they shall be submitted on standard legal size paper. If plans are to be filed as part of the notice, they shall be in legible scale and filed in a condemnation book or file or microfilmed, with a notation as to the condemnation book and page number, file number or microfilm number to be made by the recorder on the margin of the notice.

(4) Upon the notice being assigned a book and page number by the recorder of deeds, the condemnor shall file with the prothonotary under the caption of the declaration of taking a memorandum of the book and page number in which the notice is recorded.

(c) Fees.--The recorder shall receive as a fee for recording each notice the sums as provided by the act of June 12, 1919 (P.L.476, No.240), referred to as the Second Class County Recorder of Deeds Fee Law, and the act of April 8, 1982 (P.L.310, No.87), referred to as the Recorder of Deeds Fee Law.

Cross References. Section 304 is referred to in sections 302, 308 of this title.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2010–2023 · leading case: Twp. of Millcreek v. A. Cres Trust of June 25, 1998, 142 A.3d 948 (Pa. Commw. Ct. 2016).

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Twp. of Millcreek v. A. Cres Trust of June 25, 1998, 142 A.3d 948 (Pa. Commw. Ct. 2016). “§ 1-404 (repealed; now codified at 26 Pa.C.S. § 304 ). The notice shall be indexed in the deed indices showing the condemnee as the grantor and the condemnor as the grantee.”

Steen v. Pennsylvania Tpk. Comm'n, 3 A.3d 747 (Pa. Commw. Ct. 2010). · cites it 2× “On August 18, 2008, the Steens filed their petition for appointment of viewers contending that they should have been identified as condemnees under Section 304(b)(1)(iv) of the Code, [2] 26 Pa.C.S. § 304(b)(1)(iv), because they had an interest in the condemned property by way of…”

In re Condemnation of Rights of Way & Easements Situate in Twp. of Mt. Pleasant, 47 A.3d 166 (Pa. Commw. Ct. 2012). “” 26 Pa.C.S. § 304 (emphasis added). It is evident that the Township’s engineer and Malkan were aware of the fence erected by Mr.”

In Re: Taking in Eminent Domain of Certain Parcel of Real Est. ~ Appeal of: K. Shunmugam (Pa. Commw. Ct. 2022). “3 26 Pa.C.S. § 304(b)(4). 4 26 Pa.C.S. § 305.”

In Re: Condemnation by the Gen. Mun. Auth. of the City of Nanticoke ~ Appeal of: C.J. Pomicter & M.L. Pomicter (Pa. Commw. Ct. 2023). “n 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…”

— 26 Pa. Cons. Stat. § 304(b)(1)(iv) — 1 case

Steen v. Pennsylvania Tpk. Comm'n, 3 A.3d 747 (Pa. Commw. Ct. 2010). “On August 18, 2008, the Steens filed their petition for appointment of viewers contending that they should have been identified as condemnees under Section 304(b)(1)(iv) of the Code, [2] 26 Pa.C.S. § 304(b)(1)(iv), because they had an interest in the condemned property by way of…”

— 26 Pa. Cons. Stat. § 304(b)(4) — 1 case

In Re: Taking in Eminent Domain of Certain Parcel of Real Est. ~ Appeal of: K. Shunmugam (Pa. Commw. Ct. 2022). “3 26 Pa.C.S. § 304(b)(4). 4 26 Pa.C.S. § 305.”

— 26 Pa. Cons. Stat. § 304(b)(l)(iv) — 1 case

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