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

26 Pa. Cons. Stat. § 308 (2026)

  Revocation of condemnation proceedings.

✓ current as of May 2026
Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 308.  Revocation of condemnation proceedings.

(a)  Declaration of relinquishment.--

(1)  The condemnor, by filing a declaration of relinquishment in court within two years from the filing of the declaration of taking and before having made the payment provided in section 307(a) or (b) (relating to possession, right of entry and payment of compensation) or as to which the condemnee has not tendered possession of the condemned property as provided in section 307, may relinquish all or any part of the property condemned that it has not taken actual possession of for use in the improvement.

(2)  The title shall then revest in the condemnee as of the date of the filing of the declaration of taking, and all mortgages and other liens existing as of that date and not thereafter discharged shall be reinstated.

(b)  Notice.--Notice of the relinquishment shall be:

(1)  Recorded in the office of the recorder of deeds of the county in which the property taken is located, with the condemnor as the grantor and the condemnee as the grantee.

(2)  Served on the condemnee, any mortgagee of record and any lienholder of record in the same manner as provided for service of the declaration of taking.

(c)  Fees.--The fees payable to the recorder for recording the notice of relinquishment shall be in the same amounts as provided in section 304(c) (relating to recording notice of condemnation).

(d)  Costs and expenses.--Where condemned property is relinquished, the condemnee shall be reimbursed by the condemnor for reasonable costs and expenses as provided in section 306(g) (relating to preliminary objections).

(e)  Agreement.--The condemnor and the condemnee, without the filing of a declaration of relinquishment, may by agreement effect a revesting of title in the condemnee which agreement shall be properly recorded.

 

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

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2008–2021 · leading case: In re Tanner, 12 Pa. D. & C.5th 112 (2010).
Sort: Relevance Newest Treatment
In re Tanner, 12 Pa. D. & C.5th 112 (2010). · cites it 2× “Notwithstanding the above discussion, and unrelated to proceedings before this court, on November 7, 2008, the Municipal Authority withdrew the condemnation by filing a declaration of relinquishment pursuant to 26 Pa.C.S. §308(a). Thereafter, the Tanners filed a petition on…”
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021). “Next, AMED argues that under section 302(b)(8) of the Code, 26 Pa.C.S. §308(b)(8), the Declaration only needed to contain a statement that just compensation has been made or secured.”
Chainey v. Street (3rd Cir. 2008). “See 26 Pa. Cons. Stat. §§ 308 , 502(c), 709. Here, plaintiffs failed to pursue an inverse condemnation.”
Twp. of Millcreek v. Angela Cres Trust of June 25, 1998, 43 Pa. D. & C.5th 49 (2014). “The provision from former Section 1-408 regarding the re-vestment of title to a condemnee by agreement without the filing of a declaration of relinquishment is now provided for at 26 Pa.C.S. § 308(e). Consequently, for present purposes, former Sections 1-406 and 408 and current…”
— 26 Pa. Cons. Stat. § 308(a) — 1 case
In re Tanner, 12 Pa. D. & C.5th 112 (2010). “Notwithstanding the above discussion, and unrelated to proceedings before this court, on November 7, 2008, the Municipal Authority withdrew the condemnation by filing a declaration of relinquishment pursuant to 26 Pa.C.S. §308(a). Thereafter, the Tanners filed a petition on…”
— 26 Pa. Cons. Stat. § 308(b)(8) — 1 case
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021). “Next, AMED argues that under section 302(b)(8) of the Code, 26 Pa.C.S. §308(b)(8), the Declaration only needed to contain a statement that just compensation has been made or secured.”
— 26 Pa. Cons. Stat. § 308(d) — 1 case
In re Tanner, 12 Pa. D. & C.5th 112 (2010). “Notwithstanding the above discussion, and unrelated to proceedings before this court, on November 7, 2008, the Municipal Authority withdrew the condemnation by filing a declaration of relinquishment pursuant to 26 Pa.C.S. §308(a). Thereafter, the Tanners filed a petition on…”
— 26 Pa. Cons. Stat. § 308(e) — 1 case
Twp. of Millcreek v. Angela Cres Trust of June 25, 1998, 43 Pa. D. & C.5th 49 (2014). “The provision from former Section 1-408 regarding the re-vestment of title to a condemnee by agreement without the filing of a declaration of relinquishment is now provided for at 26 Pa.C.S. § 308(e). Consequently, for present purposes, former Sections 1-406 and 408 and current…”
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.