§ 307. Possession, right of entry and payment of compensation.
(a) Possession or right of entry of condemnor.--
(1) (i) The condemnor, after the expiration of the time for filing preliminary objections
by the condemnee to the declaration of taking, shall be entitled to possession or
right of entry upon payment of or a written offer to pay to the condemnee the amount
of just compensation as estimated by the condemnor.
(ii) The condemnor shall be entitled to possession or right of entry upon an easement without
the payment of or offer to pay the estimated just compensation if the condemnor has
the right to assess the property for benefits.
(iii) If a condemnee or any other person then refuses to deliver possession or permit right
of entry, the prothonotary upon praecipe of the condemnor shall issue a rule, returnable
in five days after service upon the condemnee or the other person, to show cause why
a writ of possession should not issue.
(iv) The court, unless preliminary objections warranting delay are pending, may issue a
writ of possession conditioned except as provided in this subsection upon payment
to the condemnee or into court of the estimated just compensation and on any other
terms as the court may direct.
(2) A court may issue a writ of possession to a condemnor prior to the disposition of
preliminary objections.
(i) If it is finally determined that a condemnation is invalid in a case in which preliminary
objections challenge the validity of a right-of-way or easement for occupation by
a utility, the affected owners may recover damages for injuries sustained by taking
possession under this paragraph and are entitled to appropriate equitable relief.
(ii) If it is finally determined that any other condemnation is invalid after the granting
of possession under this paragraph, the affected owners may recover costs and expenses
under section 306(g) (relating to preliminary objections) and are entitled to disposition
under section 306(f).
(b) Tender of possession or right of entry by condemnee.--
(1) If within 60 days from the filing of the declaration of taking the condemnor has not
paid just compensation as provided in subsection (a), the condemnee may tender possession
or right of entry in writing, and the condemnor shall then make payment of the just
compensation due the condemnee as estimated by the condemnor.
(2) If the condemnor fails to make the payment, the court, upon petition of the condemnee,
may compel the condemnor to file a declaration of estimated just compensation or,
if the condemnor fails or refuses to file the declaration, may at the cost of the
condemnor appoint an impartial expert appraiser to estimate just compensation.
(3) The court may, after hearing, enter judgment for the amount of the estimated just
compensation.
(c) Compensation without prejudice.--
(1) The compensation paid under subsections (a) and (b) shall be without prejudice to
the rights of either the condemnor or the condemnee to proceed to a final determination
of the just compensation, and any payments made shall be considered only as payments
pro tanto of the just compensation as finally determined.
(2) Following the rendition of the verdict, the court shall mold the verdict to deduct
the estimated just compensation previously paid by the condemnor.
(3) In no event shall the condemnee be compelled to pay back to the condemnor the compensation
paid under subsection (a) or (b), even if the amount of just compensation as finally
determined is less than the compensation paid.
Cross References. Section 307 is referred to in sections 302, 308, 522 of this title; section 5527 of
Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Szabo, S. v. PennDOT, Aplt., 202 A.3d 52 (Pa. 2019).
· cites it 2× “" 26 Pa.C.S. § 307(c)(3). PennDOT avers that subject to West Whiteland and Bernstein Appeal , which concern challenges to the extent and nature of property interests acquired via eminent domain, the Szabos claims are waived.”
Condemnation by the Redevelopment Auth. of Fayette Cnty. of Certain Land In Brownsville Borough, Being Prop. of: Alpha Fin. Mortg., Inc., its Successors & assigns v. Redevelopment Auth. of Fayette Cnty., 152 A.3d 375 (Pa. Commw. Ct. 2016).
· cites it 3× “ORDER AND NOW, this 22nd day of December, 2016, the order of the Court of Common Pleas of Fayette County (trial court), dated July 29,2015, is hereby affirmed. [1] 1. Section 407 was repealed by the Act of May 4, 2006, P.”
Lang v. Commonwealth, Dep't of Transp., 135 A.3d 225 (Pa. Commw. Ct. 2016).
“” 26 Pa.C.S. § 307(c)(1). In support of his argument that the EJC payments should be applied under Section 307 of the Code to both delay damages and principal, Lang contends that “delay damages constitute one element of ‘just compensation.”
S.R. Trinidad v. Com. of PA, DOT (Pa. Commw. Ct. 2022).
· cites it 6× “under Section 307 of the Eminent Domain Code,” 26 Pa.C.S. § 307. (Original Record (O.R.) Item 7, Reproduced Record (R.”
S.S. Cahoon v. Redevelopment Auth. of the City of Philadelphia (Pa. Commw. Ct. 2016).
· cites it 2× “(relating to eminent domain) must be filed within six years from the date on which the condemnor first made payment in accordance with 26 Pa. C.S. §307(a) or (b) (relating to possession, right of entry and payment of compensation).”
T.M. Bolick & E.B. Bolick v. NE Ind. Srvcs. Corp. (Pa. Commw. Ct. 2023).
“See 26 Pa.C.S. § 307(a)(1)(i).8 Moreover, the actions undertaken by Bower on behalf of the Borough, including construction of a maintenance road on the property in August 2015, were part of the overall flood control project and therefore were clearly “performed in the exercise…”
— 26 Pa. Cons. Stat. § 307(a) — 6 cases
Condemnation by the Redevelopment Auth. of Fayette Cnty. of Certain Land In Brownsville Borough, Being Prop. of: Alpha Fin. Mortg., Inc., its Successors & assigns v. Redevelopment Auth. of Fayette Cnty., 152 A.3d 375 (Pa. Commw. Ct. 2016).
“ORDER AND NOW, this 22nd day of December, 2016, the order of the Court of Common Pleas of Fayette County (trial court), dated July 29,2015, is hereby affirmed. [1] 1. Section 407 was repealed by the Act of May 4, 2006, P.”
S.S. Cahoon v. Redevelopment Auth. of the City of Philadelphia (Pa. Commw. Ct. 2016).
“(relating to eminent domain) must be filed within six years from the date on which the condemnor first made payment in accordance with 26 Pa. C.S. §307(a) or (b) (relating to possession, right of entry and payment of compensation).”
— 26 Pa. Cons. Stat. § 307(a)(1) — 1 case
— 26 Pa. Cons. Stat. § 307(a)(1)(i) — 4 cases
S.R. Trinidad v. Com. of PA, DOT (Pa. Commw. Ct. 2022).
“under Section 307 of the Eminent Domain Code,” 26 Pa.C.S. § 307. (Original Record (O.R.) Item 7, Reproduced Record (R.”
T.M. Bolick & E.B. Bolick v. NE Ind. Srvcs. Corp. (Pa. Commw. Ct. 2023).
“See 26 Pa.C.S. § 307(a)(1)(i).8 Moreover, the actions undertaken by Bower on behalf of the Borough, including construction of a maintenance road on the property in August 2015, were part of the overall flood control project and therefore were clearly “performed in the exercise…”
— 26 Pa. Cons. Stat. § 307(a)(1)(iv) — 1 case
— 26 Pa. Cons. Stat. § 307(a)(2)(h) — 1 case
— 26 Pa. Cons. Stat. § 307(a)(l)(iv) — 2 cases
— 26 Pa. Cons. Stat. § 307(c)(1) — 2 cases
Lang v. Commonwealth, Dep't of Transp., 135 A.3d 225 (Pa. Commw. Ct. 2016).
“” 26 Pa.C.S. § 307(c)(1). In support of his argument that the EJC payments should be applied under Section 307 of the Code to both delay damages and principal, Lang contends that “delay damages constitute one element of ‘just compensation.”
— 26 Pa. Cons. Stat. § 307(c)(3) — 1 case
Szabo, S. v. PennDOT, Aplt., 202 A.3d 52 (Pa. 2019).
“" 26 Pa.C.S. § 307(c)(3). PennDOT avers that subject to West Whiteland and Bernstein Appeal , which concern challenges to the extent and nature of property interests acquired via eminent domain, the Szabos claims are waived.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.