Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 310 (2026)

Abandonment of project.

✓ current as of May 2026

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§ 310. Abandonment of project.

(a) Disposition of property.--If a condemnor has condemned a fee and then abandons the purpose for which the property has been condemned, the condemnor may dispose of it by sale, lease, gift, devise or other transfer with the following restrictions:

(1) If the property is undeveloped or has not been substantially improved, it may not be disposed of within ten years after condemnation without first being offered to the condemnee at the same price paid to the condemnee by the condemnor.

(2) If the property is located outside the corporate boundaries of a county of the first or second class and is undeveloped or has not been substantially improved and was devoted to agricultural use at the time of the condemnation, it may not be disposed of within 21 years after condemnation without first being offered to the condemnee at the same price paid to the condemnee by the condemnor.

(3) If the property is undeveloped or has not been substantially improved and the offers required to be made under paragraphs (1) and (2) have not been accepted, the property shall not be disposed of by any condemnor, acquiring agency or subsequent purchaser for a nonpublic use or purpose within 21 years after condemnation. Upon petition by the condemnor, the court may permit disposal of the property in less than 21 years upon proof by a preponderance of the evidence that a change in circumstances has abrogated the original public purpose for which the property was taken.

(b) Notice.--The condemnee shall be served with notice of the offer in the same manner as prescribed for the service of notices in section 305(b) (relating to notice to condemnee) and shall have 90 days after receipt of notice to make written acceptance.

(c) Certain conditional offers prohibited.--The condemnor may not condition any offer required to be made to a condemnee under subsection (a) on the payment by the condemnee of additional fees, real estate taxes or payments in lieu of taxes or other costs.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Agricultural commodity." As defined in section 2 of the act of June 10, 1982 (P.L.454, No.133), referred to as the Right-to-Farm Law.

"Agricultural use." Land which is used for the purpose of producing an agricultural commodity or is devoted to and meets the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the Federal Government. Land containing a farmhouse or other buildings related to farming shall be deemed to be in agricultural use. The term includes a woodlot and land which is rented to another person and used for the purpose of producing an agricultural commodity.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2012–2024 · leading case: Downingtown Borough (Friends of Kardon Park,Aplts), 161 A.3d 844 (Pa. 2017).

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Downingtown Borough (Friends of Kardon Park,Aplts), 161 A.3d 844 (Pa. 2017). · cites it 2× “26 Pa.C.S. § 310(a). Problematically, as discussed more fully herein, the condemnations of these parcels were effective in the 1970s, and this section is applicable only to "condemnations effected on or after” September 1, 2006.”

Borough of Downingtown v. Friends of Kardon Park, 55 A.3d 163 (Pa. Commw. Ct. 2012). · cites it 3× “) 18 As noted above, section 310(a) of the Code provides that “[i]f a condemnor has *175 condemned a fee and then abandons the purpose for which the property has been condemned, the condemnor may dispose of it by sale, lease, gift, devise or other transfer” so long as it has…”

In re Borough of Downingtown, 116 A.3d 727 (Pa. Commw. Ct. 2015). · cites it 4× “With respect to the Southern Parcels acquired via condemnation, we remanded for the trial court to make further factual findings regarding how long the Borough held the parcels following their condemnation and to consider the application of section 310(a) of the Eminent Domain…”

Brandywine Vill. Assocs., Lp v. East Brandywine Twp. (E.D. Pa. 2020). · cites it 2× “63 26 Pa. Cons.Stat. § 310 (2006). 64 ECF Doc.”

Brandywine Vill. Assocs., LP v. East Brandywine Twp. (Pa. Commw. Ct. 2024). · cites it 2× “2 (Code), 26 Pa. C.S. § 310(a)(1),2 because by conveying to Developer an easement to use the 1.”

— 26 Pa. Cons. Stat. § 310(a) — 3 cases

Downingtown Borough (Friends of Kardon Park,Aplts), 161 A.3d 844 (Pa. 2017). “26 Pa.C.S. § 310(a). Problematically, as discussed more fully herein, the condemnations of these parcels were effective in the 1970s, and this section is applicable only to "condemnations effected on or after” September 1, 2006.”

Borough of Downingtown v. Friends of Kardon Park, 55 A.3d 163 (Pa. Commw. Ct. 2012). “) 18 As noted above, section 310(a) of the Code provides that “[i]f a condemnor has *175 condemned a fee and then abandons the purpose for which the property has been condemned, the condemnor may dispose of it by sale, lease, gift, devise or other transfer” so long as it has…”

In re Borough of Downingtown, 116 A.3d 727 (Pa. Commw. Ct. 2015). “With respect to the Southern Parcels acquired via condemnation, we remanded for the trial court to make further factual findings regarding how long the Borough held the parcels following their condemnation and to consider the application of section 310(a) of the Eminent Domain…”

— 26 Pa. Cons. Stat. § 310(a)(1) — 1 case

Brandywine Vill. Assocs., LP v. East Brandywine Twp. (Pa. Commw. Ct. 2024). “2 (Code), 26 Pa. C.S. § 310(a)(1),2 because by conveying to Developer an easement to use the 1.”

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