Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 305 (2026)

Notice to condemnee.

✓ current as of May 2026

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§ 305. Notice to condemnee.

(a) Written notice.--Within 30 days after the filing of the declaration of taking, the condemnor shall give written notice of the filing to the condemnee, to any mortgagee of record and to any lienholder of record.

(b) Service.--

(1) The notice shall be served, within or without this Commonwealth, by any competent adult in the same manner as in a civil action or by registered mail to the last known address of the person being served.

(2) If service cannot be made in the manner set forth under paragraph (1), then service shall be made by posting a copy of the notice upon the most public part of the property and by publication of a copy of the notice, omitting the plot plan required by subsection (c)(9), one time each in one newspaper of general circulation and the legal journal, if any, published in the county.

(c) Contents.--The notice to be given the condemnee shall state:

(1) The caption of the case.

(2) The date of filing of the declaration of taking and the court term and number.

(3) The name of the condemnee to whom it is directed.

(4) The name and address of the condemnor.

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

(6) 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.

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

(8) A statement that the condemnee's property has been condemned and a reasonable identification of the property.

(9) In the case of a partial taking, a plot plan showing the condemnee's entire property and the area taken.

(10) A statement of the nature of the title acquired.

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

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

(13) A statement that, if the condemnee wishes to challenge the power or the right of the condemnor to appropriate the condemned property, the sufficiency of the security, the procedure followed by the condemnor or the declaration of taking, the condemnee must file preliminary objections within 30 days after being served with notice of condemnation.

(d) Compliance.--Service of a copy of the declaration of taking, together with the information and notice required by subsection (c)(2), (8), (9) and (13), shall constitute compliance with the notice requirements of this section.

(e) Proof of service.--The condemnor shall file proof of service of the notice.

Cross References. Section 305 is referred to in section 310 of this title.

Notes of Decisions

Cited in 15 cases (9 in the last 5 years), 2012–2024 · 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). · cites it 9× “26 Pa.C.S. § 305. Notice shall include “in the case of a partial taking, a plot plan showing the condemnee’s entire property and the area taken.”

In Re: Condemnation by PennDOT, of Right-of-Way for State Route 0095, Section BSR, in the City of Philadelphia ~ Appeal of: PennDOT, 131 A.3d 625 (Pa. Commw. Ct. 2016). · cites it 4× “Section 305 of the Eminent Domain Code, 26 Pa. C.S. § 305. Section 302(b) of the Eminent Domain Code, 26 Pa.”

Szabo v. Commonwealth, Dep't of Transp., 159 A.3d 604 (Pa. Commw. Ct. 2017). “Section 305 of the Code requires the condemnor to give written notice to the condemnee of the filing of the declaration of taking within 30 days after filing.”

In Re: Condemnation by the PA Tpk. Commision of Prop. Located in the Borough of West Mifflin ~ Appeal of: IBIS Kennywood, LLC (Pa. Commw. Ct. 2022). · cites it 8× “26 Pa.C.S. § 305(a) (stating that “[w]ithin 30 days after the filing of the declaration of taking, the condemnor shall give written notice of the filing to the condemnee”).”

In re: Demolition of Prop. in Dunkard Twp. ~ Appeal of: Keuning, h/w (Pa. Commw. Ct. 2024). · cites it 6× “The record does not reflect that Appellants challenged the lack of notice under 26 Pa.C.S. § 305. Appellants appealed the Board’s decision to the trial court, raising several issues.”

Philadelphia Redevelopment Auth. of City of Philadelphia v. S. Atuahene (Pa. Commw. Ct. 2020). · cites it 5× “26 Pa.C.S. § 305 (bold text emphasis added).”

In re Condemnation of Rights of Way & Easements Situate in Twp. of Mt. Pleasant, 47 A.3d 166 (Pa. Commw. Ct. 2012). “Section 305 of the Code requires that, "[wjithin 30 days after the filing of the declaration of taking, the condemnor shall give written notice of the filing to the condemnee, to any mortgagee of record and to any lien-holder of record.”

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× “§ 303(a); and (6) the Authority failed to properly serve the Notice because it delivered the Notice and the Declaration at the same time, in violation of 26 Pa. C.S. § 305, which states that notice must be delivered “within 30 days after the declaration of taking has been filed.”

In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021). · cites it 2× “Due to the inaccuracy, more of the condemnee’s land than was identified in the plan was subject to the taking.”

In Re: Taking in Eminent Domain of Certain Parcel of Real Est. ~ Appeal of: K. Shunmugam (Pa. Commw. Ct. 2022). “4 26 Pa.C.S. § 305. 5 Appellant has new counsel and is no longer represented by the attorney who drafted the August 5, 2021 letter.”

In the Matter of Proceedings by the Redev. Auth. of the City of Erie ~ Appeal of: Zac Assocs., LLC (Pa. Commw. Ct. 2022). “Thereafter, on June 30, 2021, the Redevelopment Authority filed a Notice of Condemnation under Section 305 of the Eminent Domain Code, 26 Pa. C.S. §305, and a Declaration of Taking under the Urban Redevelopment Law.”

In Re: Condemnation by Newtown Twp. ~ Appeal of: D. Rafferty (Pa. Commw. Ct. 2022). “26 Pa. C.S. §305(c)(8). 6 26 Pa. C.S. §303.”

Show all 15 citing cases →

— 26 Pa. Cons. Stat. § 305(9) — 2 cases

Szabo, S. v. PennDOT, Aplt., 202 A.3d 52 (Pa. 2019). “26 Pa.C.S. § 305. Notice shall include “in the case of a partial taking, a plot plan showing the condemnee’s entire property and the area taken.”

In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021). “Due to the inaccuracy, more of the condemnee’s land than was identified in the plan was subject to the taking.”

— 26 Pa. Cons. Stat. § 305(a) — 5 cases

Condemnation by the North Strabane Twp. Mun. Auth., Washington Cnty., PA ~ Appeal of: L.D. Fowler & C.L. Fowler (Pa. Commw. Ct. 2017). “§ 303(a); and (6) the Authority failed to properly serve the Notice because it delivered the Notice and the Declaration at the same time, in violation of 26 Pa. C.S. § 305, which states that notice must be delivered “within 30 days after the declaration of taking has been filed.”

In Re: Condemnation by the PA Tpk. Commision of Prop. Located in the Borough of West Mifflin ~ Appeal of: IBIS Kennywood, LLC (Pa. Commw. Ct. 2022). “26 Pa.C.S. § 305(a) (stating that “[w]ithin 30 days after the filing of the declaration of taking, the condemnor shall give written notice of the filing to the condemnee”).”

T.M. Bolick & E.B. Bolick v. NE Ind. Srvcs. Corp. (Pa. Commw. Ct. 2023).

In Re: Condemnation by the Redevelopment Auth. of the City of Lancaster ~ Appeal of: Koyukon, L.P. (Pa. Commw. Ct. 2024).

— 26 Pa. Cons. Stat. § 305(b)(1) — 1 case

Philadelphia Redevelopment Auth. of City of Philadelphia v. S. Atuahene (Pa. Commw. Ct. 2020). “26 Pa.C.S. § 305 (bold text emphasis added).”

— 26 Pa. Cons. Stat. § 305(b)(2) — 1 case

Philadelphia Redevelopment Auth. of City of Philadelphia v. S. Atuahene (Pa. Commw. Ct. 2020). “26 Pa.C.S. § 305 (bold text emphasis added).”

— 26 Pa. Cons. Stat. § 305(c) — 1 case

In Re: Condemnation by PennDOT, of Right-of-Way for State Route 0095, Section BSR, in the City of Philadelphia ~ Appeal of: PennDOT, 131 A.3d 625 (Pa. Commw. Ct. 2016). “Section 305 of the Eminent Domain Code, 26 Pa. C.S. § 305. Section 302(b) of the Eminent Domain Code, 26 Pa.”

— 26 Pa. Cons. Stat. § 305(c)(8) — 3 cases

In Re: Condemnation by Newtown Twp. ~ Appeal of: D. Rafferty (Pa. Commw. Ct. 2022). “26 Pa. C.S. §305(c)(8). 6 26 Pa. C.S. §303.”

— 26 Pa. Cons. Stat. § 305(c)(9) — 4 cases

— 26 Pa. Cons. Stat. § 305(d) — 1 case

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