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

26 Pa. Cons. Stat. § 306

  Preliminary objections.

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§ 306.  Preliminary objections.

(a)  Filing and exclusive method of challenging certain matters.--

(1)  Within 30 days after being served with notice of condemnation, the condemnee may file preliminary objections to the declaration of taking.

(2)  The court upon cause shown may extend the time for filing preliminary objections.

(3)  Preliminary objections shall be limited to and shall be the exclusive method of challenging:

(i)  The power or right of the condemnor to appropriate the condemned property unless it has been previously adjudicated.

(ii)  The sufficiency of the security.

(iii)  The declaration of taking.

(iv)  Any other procedure followed by the condemnor.

(b)  Waiver.--Failure to raise by preliminary objections the issues listed in subsection (a) shall constitute a waiver. Issues of compensation may not be raised by preliminary objections.

(c)  Grounds to be stated.--Preliminary objections shall state specifically the grounds relied on.

(d)  When raised.--All preliminary objections shall be raised at one time and in one pleading. They may be inconsistent.

(e)  Service.--The condemnee shall serve a copy of the preliminary objections on the condemnor within 72 hours after filing them.

(f)  Disposition.--

(1)  The court shall determine promptly all preliminary objections and make preliminary and final orders and decrees as justice shall require, including the revesting of title.

(2)  If an issue of fact is raised, the court shall take evidence by depositions or otherwise.

(3)  The court may allow amendment or direct the filing of a more specific declaration of taking.

(g)  Costs and expenses.--

(1)  If preliminary objections which have the effect of terminating the condemnation are sustained, the condemnor shall reimburse the condemnee for reasonable appraisal, attorney and engineering fees and other costs and expenses actually incurred because of the condemnation proceedings.

(2)  The court shall assess costs and expenses under this subsection.

 

Cross References.  Section 306 is referred to in sections 303, 307, 308, 519, 710 of this title.

Notes of Decisions
Cited in 70 cases (22 in the last 5 years), 2007–2025 · leading case: Township of Millcreek v. A. Cres Trust of June 25, 1998
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Township of Millcreek v. A. Cres Trust of June 25, 1998 (2016) pacommwct · cites it 7× “§ 1-408 (repealed; now codified at 26 Pa.C.S. § 306 ) (emphasis added). This lack of symmetry between the Judicial Code and the Eminent Domain Code makes Section 5505 of the Judicial Code irrelevant to fee petitions filed under the Eminent Domain Code.”
Szabo, S. v. PennDOT, Aplt. (2019) pa · cites it 7× “26 Pa.C.S. § 306 (a), (b). 4Section 502 addresses the appointment of a board of viewers and provides, in pertinent part: § 502.”
Robinson Township v. Commonwealth (2013) pa · cites it 2× “3d at 487-88 (citing 26 Pa.C.S. § 306(a)(1)). On appeal, the citizens argue that the Commonwealth Court misapprehended the nature of their claim.”
Stewart Merritts, Jr. v. Leslie Richards (2023) ca3 · cites it 2× “1997), but they may not be used to contest the amount of compensation offered, see 26 Pa. Cons. Stat. § 306 (b); In re Condemnation by Pa.”
Lang v. Commonwealth, Department of Transportation (2011) pacommwct · cites it 9× “See 26 Pa.C.S. § 306(a). Failure to do so shall constitute a waiver.”
Whittaker v. County of Lawrence (2009) pawd · cites it 5× “” 26 Pa. Cons. Stat. § 306 (g)(1). A motion for such fees, costs and expenses is presently pending before the Court of Common Pleas.”
In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDO (2018) pacommwct · cites it 4× “" 26 Pa. C.S. § 306(a) (emphasis added). These preliminary objections are limited to challenges to: (i) the power of the condemnor to take the condemned property; "(ii) [t]he sufficiency of the security[;] (iii) [t]he declaration of taking[; and] (iv) [a]ny other procedure…”
In Re: Condemnation by Sunoco Pipeline, L.P. ~ Appeal of: C.S. Katz, Jr. and K.M. Katz (2017) pacommwct · cites it 6× “26 Pa.C.S. § 306(a)(3). While the Rules of Civil Procedure have occasionally been applied in an “instructive” manner, this Court has repeatedly held that they are not applicable to eminent domain proceedings.”
Middletown Township v. Lands of Stone (2007) pa · cites it 2× “See 26 Pa.C.S. § 306(a)(3) and (f)(2). Ultimately, the trial court held that the General Assembly granted the Township the legal authority to acquire land through the exercise of the right of eminent domain for recreational purposes.”
Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P. (2018) pacommwct · cites it 2× “Under Section 306(a) of the current Eminent Domain Code, 26 Pa. C.S. § 306(a), "preliminary objections are still the exclusive method of challenging the condemnor's right to take, the declaration of taking itself, and any procedural irregularities by the condemnor.”
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 2× “Section 306 of the Eminent Domain Code, 26 Pa. C.S. § 306. 14 Common Pleas of Lehigh County, which sustained preliminary objections filed by a property owner and struck an amended declaration of taking filed by RACA based on timeliness.”
In Re: Condemnation by Sunoco Pipeline, L.P. of Permanent and Temporary Rights of Way for the Transportation of Ethane, (2016) pacommwct “26 Pa.C.S. § 306(a). The Eminent Domain Code does not permit common pleas to review the public need for a proposed service by a public utility that has been authorized by PUC through the issuance of a CPC.”
Show all 70 citing cases →
— 26 Pa. Cons. Stat. § 306(2) — 1 case
T.M. Bolick & E.B. Bolick v. NE Ind. Srvcs. Corp. (2023) pacommwct
— 26 Pa. Cons. Stat. § 306(a) — 21 cases
Szabo, S. v. PennDOT, Aplt. (2019) pa “26 Pa.C.S. § 306 (a), (b). 4Section 502 addresses the appointment of a board of viewers and provides, in pertinent part: § 502.”
In Re: Condemnation by Sunoco Pipeline, L.P. of Permanent and Temporary Rights of Way for the Transportation of Ethane, (2016) pacommwct “26 Pa.C.S. § 306(a). The Eminent Domain Code does not permit common pleas to review the public need for a proposed service by a public utility that has been authorized by PUC through the issuance of a CPC.”
Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P. (2018) pacommwct “Under Section 306(a) of the current Eminent Domain Code, 26 Pa. C.S. § 306(a), "preliminary objections are still the exclusive method of challenging the condemnor's right to take, the declaration of taking itself, and any procedural irregularities by the condemnor.”
In Re Condemnation of Land for the South East Central Business District Redevelopment Area 1 (2008) pacommwct
Lang v. Commonwealth, Department of Transportation (2011) pacommwct “See 26 Pa.C.S. § 306(a). Failure to do so shall constitute a waiver.”
— 26 Pa. Cons. Stat. § 306(a)(1) — 8 cases
Robinson Township v. Commonwealth (2013) pa “3d at 487-88 (citing 26 Pa.C.S. § 306(a)(1)). On appeal, the citizens argue that the Commonwealth Court misapprehended the nature of their claim.”
In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDO (2018) pacommwct “" 26 Pa. C.S. § 306(a) (emphasis added). These preliminary objections are limited to challenges to: (i) the power of the condemnor to take the condemned property; "(ii) [t]he sufficiency of the security[;] (iii) [t]he declaration of taking[; and] (iv) [a]ny other procedure…”
Szabo v. Commonwealth, Department of Transportation (2017) pacommwct
Philadelphia Redevelopment Authority of City of Philadelphia v. S. Atuahene (2020) pacommwct
In Re: Condemnation by the City of Philadelphia ~ Appeal of: 5250 Unruh Avenue Associates (2020) pacommwct
— 26 Pa. Cons. Stat. § 306(a)(2) — 3 cases
Philadelphia Redevelopment Authority of City of Philadelphia v. S. Atuahene (2020) pacommwct
In Re: Condemnation by the Redevelopment Authority of the City of Lancaster ~ Appeal of: Koyukon, L.P. (2024) pacommwct
In re Condemnation Proceeding (2014) pactcomplphilad
— 26 Pa. Cons. Stat. § 306(a)(3) — 19 cases
Middletown Township v. Lands of Stone (2007) pa “See 26 Pa.C.S. § 306(a)(3) and (f)(2). Ultimately, the trial court held that the General Assembly granted the Township the legal authority to acquire land through the exercise of the right of eminent domain for recreational purposes.”
Lang v. Commonwealth, Department of Transportation (2011) pacommwct “See 26 Pa.C.S. § 306(a). Failure to do so shall constitute a waiver.”
Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P. (2018) pacommwct “Under Section 306(a) of the current Eminent Domain Code, 26 Pa. C.S. § 306(a), "preliminary objections are still the exclusive method of challenging the condemnor's right to take, the declaration of taking itself, and any procedural irregularities by the condemnor.”
In Re: Condemnation by Sunoco Pipeline, L.P. ~ Appeal of: C.S. Katz, Jr. and K.M. Katz (2017) pacommwct “26 Pa.C.S. § 306(a)(3). While the Rules of Civil Procedure have occasionally been applied in an “instructive” manner, this Court has repeatedly held that they are not applicable to eminent domain proceedings.”
Szabo, S. v. PennDOT, Aplt. (2019) pa “26 Pa.C.S. § 306 (a), (b). 4Section 502 addresses the appointment of a board of viewers and provides, in pertinent part: § 502.”
— 26 Pa. Cons. Stat. § 306(a)(3)(i) — 10 cases
In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDO (2018) pacommwct “" 26 Pa. C.S. § 306(a) (emphasis added). These preliminary objections are limited to challenges to: (i) the power of the condemnor to take the condemned property; "(ii) [t]he sufficiency of the security[;] (iii) [t]he declaration of taking[; and] (iv) [a]ny other procedure…”
Lang v. Commonwealth, Department of Transportation (2011) pacommwct “See 26 Pa.C.S. § 306(a). Failure to do so shall constitute a waiver.”
Condemnation by Valley Rural Electric Cooperative, Inc. v. Shanholtzer (2009) pacommwct
In re Condemnation by PPL Electric Utilities Corp. of Real Estate Situate in Schuylkill County (2013) pacommwct
In re: Condemnation of One Parcel of Land with Improvements Erected Thereon; Appeal of: AFP Realty, LLC (2025) pacommwct
— 26 Pa. Cons. Stat. § 306(a)(3)(ii) — 2 cases
In Re: Condemnation by Sunoco Pipeline L.P. of Permanent and Temporary Rights of Way and Easements ~ Appeal of: Andover (2017) pacommwct
In re: Condemnation of One Parcel of Land with Improvements Erected Thereon; Appeal of: AFP Realty, LLC (2025) pacommwct
— 26 Pa. Cons. Stat. § 306(a)(3)(iv) — 1 case
T.M. Bolick & E.B. Bolick v. NE Ind. Srvcs. Corp. (2023) pacommwct
— 26 Pa. Cons. Stat. § 306(b) — 13 cases
In Re: Condemnation by Sunoco Pipeline, L.P. ~ Appeal of: C.S. Katz, Jr. and K.M. Katz (2017) pacommwct “26 Pa.C.S. § 306(a)(3). While the Rules of Civil Procedure have occasionally been applied in an “instructive” manner, this Court has repeatedly held that they are not applicable to eminent domain proceedings.”
Lang v. Commonwealth, Department of Transportation (2011) pacommwct “See 26 Pa.C.S. § 306(a). Failure to do so shall constitute a waiver.”
Szabo, S. v. PennDOT, Aplt. (2019) pa “26 Pa.C.S. § 306 (a), (b). 4Section 502 addresses the appointment of a board of viewers and provides, in pertinent part: § 502.”
Bear Creek Township v. Riebel (2012) pacommwct
In Re: Condemnation by Sunoco Pipeline L.P. of Permanent and Temporary Rights of Way and Easements ~ Appeal of: Andover (2017) pacommwct
— 26 Pa. Cons. Stat. § 306(c) — 1 case
In Re: Condemnation by Sunoco Pipeline L.P. of Permanent and Temporary Rights of Way and Easements ~ Appeal of: Andover (2017) pacommwct
— 26 Pa. Cons. Stat. § 306(d) — 3 cases
In Re: Condemnation by Sunoco Pipeline, L.P. ~ Appeal of: C.S. Katz, Jr. and K.M. Katz (2017) pacommwct “26 Pa.C.S. § 306(a)(3). While the Rules of Civil Procedure have occasionally been applied in an “instructive” manner, this Court has repeatedly held that they are not applicable to eminent domain proceedings.”
Bear Creek Township v. Riebel (2012) pacommwct
In Re: Condemnation by Sunoco Pipeline L.P. of Permanent and Temporary Rights of Way and Easements ~ Appeal of: Andover (2017) pacommwct
— 26 Pa. Cons. Stat. § 306(f) — 4 cases
In Re: Condemnation by the Com. of PA, DOT ~ Appeal of: Virtus Capital Advisors, LLC (2024) pacommwct
In Re: Condemnation by the PA Turnpike Commision of Property Located in the Borough of West Mifflin ~ Appeal of: IBIS Ke (2022) pacommwct
In the Matter of: Condemnation of Rights of Way and Easements Situate in the Twp. of Hempfield ~ Property of: E.C. & B.B (2023) pacommwct
S. Gidumal & Virtus Capital Advisors, LLC v. DOT (State Bd. of Property) (2024) pacommwct
— 26 Pa. Cons. Stat. § 306(f)(1) — 4 cases
Whittaker v. County of Lawrence (2009) pawd “” 26 Pa. Cons. Stat. § 306 (g)(1). A motion for such fees, costs and expenses is presently pending before the Court of Common Pleas.”
Proceeding in Rem v. 106 Dekalb, Inc. (2021) pacommwct
T.M. Bolick & E.B. Bolick v. NE Ind. Srvcs. Corp. (2023) 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. § 306(f)(2) — 8 cases
In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDO (2018) pacommwct “" 26 Pa. C.S. § 306(a) (emphasis added). These preliminary objections are limited to challenges to: (i) the power of the condemnor to take the condemned property; "(ii) [t]he sufficiency of the security[;] (iii) [t]he declaration of taking[; and] (iv) [a]ny other procedure…”
William Schenk & Sons v. Northampton, Bucks County, Municipal Authority (2014) pacommwct
In re Condemnation by PPL Electric Utilities Corp. of Real Estate Situate in Schuylkill County (2013) pacommwct
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (2021) pacommwct
In Re: Condemnation by Sunoco Pipeline L.P. of Permanent and Temporary Rights of Way and Easements ~ Appeal of: Andover (2017) pacommwct
— 26 Pa. Cons. Stat. § 306(f)(3) — 1 case
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. § 306(g) — 4 cases
Township of Millcreek v. A. Cres Trust of June 25, 1998 (2019) pacommwct
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 (2024) pacommwct
In re Tanner (2010) pactcomplbucks
— 26 Pa. Cons. Stat. § 306(g)(1) — 1 case
Whittaker v. County of Lawrence (2009) pawd “” 26 Pa. Cons. Stat. § 306 (g)(1). A motion for such fees, costs and expenses is presently pending before the Court of Common Pleas.”
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