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Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 502 (2026)

  Petition for appointment of viewers.

✓ current as of May 2026
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§ 502.  Petition for appointment of viewers.

(a)  Contents of petition.--A condemnor, condemnee or displaced person may file a petition requesting the appointment of viewers, setting forth:

(1)  A caption designating the condemnee or displaced person as the plaintiff and the condemnor as the defendant.

(2)  The date of the filing of the declaration of taking and whether any preliminary objections have been filed and remain undisposed of.

(3)  In the case of a petition of a condemnee or displaced person, the name of the condemnor.

(4)  The names and addresses of all condemnees, displaced persons and mortgagees known to the petitioner to have an interest in the property acquired and the nature of their interest.

(5)  A brief description of the property acquired.

(6)  A request for the appointment of viewers to ascertain just compensation.

(b)  Property included in condemnor's petition.--The condemnor may include in its petition any or all of the property included in the declaration of taking.

(c)  Condemnation where no declaration of taking has been filed.--

(1)  An owner of a property interest who asserts that the owner's property interest has been condemned without the filing of a declaration of taking may file a petition for the appointment of viewers substantially in the form provided for in subsection (a) setting forth the factual basis of the petition.

(2)  The court shall determine whether a condemnation has occurred, and, if the court determines that a condemnation has occurred, the court shall determine the condemnation date and the extent and nature of any property interest condemned.

(3)  The court shall enter an order specifying any property interest which has been condemned and the date of the condemnation.

(4)  A copy of the order and any modification shall be filed by the condemnor in the office of the recorder of deeds of the county in which the property is located and shall be indexed in the deed indices showing the condemnee as grantor and the condemnor as grantee.

(d)  Separate proceedings.--The court, in furtherance of convenience or to avoid prejudice, may, on its own motion or on motion of any party, order separate viewers' proceedings or trial when more than one property has been included in the petition.

 

Cross References.  Section 502 is referred to in sections 504, 709 of this title.

Notes of Decisions
Cited in 75 cases (32 in the last 5 years), 2008–2026 · leading case: Knick v. Twp. of Scott, 139 S. Ct. 2162 (2019).
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Knick v. Twp. of Scott, 139 S. Ct. 2162 (2019). “26 Pa. Cons. Stat. § 502 (c) (2009). 1 In response to Knick's suit, the Township withdrew the violation notice and agreed to stay enforcement of the ordinance during the state court proceedings.”
Szabo, S. v. PennDOT, Aplt., 202 A.3d 52 (Pa. 2019). · cites it 3× “26 Pa.C.S. § 502 (a)(6). [J-27-2018] - 4 determine just compensation for the condemnation of Parcel 5.”
York Road Realty Co., L.P. v. Cheltenham Twp., 136 A.3d 1047 (Pa. Commw. Ct. 2016). · cites it 2× “York Road’s pleading also contained its Petition in accordance with Section 502 of the Code, 26 Pa.C.S. § 502 (Count II). See R.R. at 52a-89a.”
Stewart Merritts, Jr. v. Leslie Richards, 62 F.4th 764 (3rd Cir. 2023). “See 26 Pa. Cons. Stat. § 502 ; see also id. § 504(a)(1) (requiring a court to appoint three viewers).”
PBS Coals, Inc. & Penn Pocahontas Coal, Co. v. Comwlth of PA, DOT, 206 A.3d 1201 (Pa. Commw. Ct. 2019). · cites it 4× “See Sections 502, 504, and 701 of the Eminent Domain Code, 26 Pa.C.S. §§ 502, 504, 701. In general, "the right of access to and from a public highway is a property right of which the owner of the property abutting the highway cannot be deprived without just compensation.”
Steen v. Pennsylvania Tpk. Comm'n, 3 A.3d 747 (Pa. Commw. Ct. 2010). · cites it 6× “26 Pa.C.S. § 502(a). Section 502(c)(1) specifically provides that the "owner of a property interest who asserts that the owner's property interest has been condemned without the filing of a declaration of taking may file a petition for the appointment of viewers.”
In Re: Mountaintop Area Jt. Sanitary Auth. C. DeLuca v. Mountaintop Area Jt. Sanitary Auth., 166 A.3d 553 (Pa. Commw. Ct. 2017). “26 Pa. C.S. § 502(c). 3 . The earlier civil trespass action is captioned Colleen DeLuca v.”
In Re: Petition for Appointment of Bd. of Viewers for Purpose of Closing Twp. Rd. 444 &/or Compensating Wyoming Land Conservancy, Inc. for the Unlawful Taking of its Prop. Situate in Windham Twp., Wyoming Cnty., PA, 149 A.3d 911 (Pa. Commw. Ct. 2016). · cites it 2× “The Petition seeks a hearing to determine whether a condemnation of the Property has occurred, the appointment of a board of viewers pursuant to Section 502(c) of the Eminent Domain Code, 26 Pa.C.S. § 502(c), to view the Property for the purpose of closing off and vacating the…”
Thomas A. McElwee & Son, Inc. v. Se. Pennsylvania Transp. Auth., 948 A.2d 762 (Pa. 2008). “§ l-502(e) 2 (repealed and recodified as amended at 26 Pa.C.S. § 502(c)), claiming that SEPTA’s actions had effected a de facto condemnation by causing the closure of the business.”
Lang v. Commonwealth, Dep't of Transp., 13 A.3d 1043 (Pa. Commw. Ct. 2011). · cites it 2× “” Pursuant to Section 502(c)(1) of the Current Code (petition for appointment of viewers), 26 Pa.C.S. § 502(c)(1), a petition for viewers asserting a prior de facto taking occurred is no longer conditioned on whether the con-demnor filed a declaration of taking.”
In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDOT, 194 A.3d 722 (Pa. Commw. Ct. 2018). “…who asserts that the owner's property interest has been condemned without the filing of a declaration of taking ...." 26 Pa. C.S. § 502(c)(1).”
Szabo v. Commonwealth, Dep't of Transp., 159 A.3d 604 (Pa. Commw. Ct. 2017). “[[Image here]] 26 Pa.C.S. § 502. 3 . Our scope of review is limited to determining whether the trial court abused its discretion or committed an error of law, or whether findings of fact are supported by substantial evidence.”
Show all 75 citing cases →
— 26 Pa. Cons. Stat. § 502(a) — 9 cases
Steen v. Pennsylvania Tpk. Comm'n, 3 A.3d 747 (Pa. Commw. Ct. 2010). “26 Pa.C.S. § 502(a). Section 502(c)(1) specifically provides that the "owner of a property interest who asserts that the owner's property interest has been condemned without the filing of a declaration of taking may file a petition for the appointment of viewers.”
In Re: Condemnation of Land in Bristol Twp. ~ Appeal of: The Bank of New York Mellon (Pa. Commw. Ct. 2020).
S.S. Cahoon v. Redevelopment Auth. of the City of Philadelphia (Pa. Commw. Ct. 2016).
Dr. N.O. Brown v. PA Tpk. Comm'n (Pa. Commw. Ct. 2019).
2800 N. Broad St., LLC v. Com. of PA, DOT (Pa. Commw. Ct. 2021).
— 26 Pa. Cons. Stat. § 502(a)(4) — 1 case
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).
— 26 Pa. Cons. Stat. § 502(a)(5) — 2 cases
In Re: Condemnation of the Prop. of C. & R. LeFever v. Lower Salford Twp. Auth. & Lower Salford Twp. (Pa. Commw. Ct. 2017).
R.D. Dysert v. Robinson Twp., Washington Cnty. (Pa. Commw. Ct. 2020).
— 26 Pa. Cons. Stat. § 502(b) — 1 case
HPT TA Props. Trust v. Twp. of West Hanover (Pa. Commw. Ct. 2020).
— 26 Pa. Cons. Stat. § 502(c) — 36 cases
In Re: Mountaintop Area Jt. Sanitary Auth. C. DeLuca v. Mountaintop Area Jt. Sanitary Auth., 166 A.3d 553 (Pa. Commw. Ct. 2017). “26 Pa. C.S. § 502(c). 3 . The earlier civil trespass action is captioned Colleen DeLuca v.”
In Re: Petition for Appointment of Bd. of Viewers for Purpose of Closing Twp. Rd. 444 &/or Compensating Wyoming Land Conservancy, Inc. for the Unlawful Taking of its Prop. Situate in Windham Twp., Wyoming Cnty., PA, 149 A.3d 911 (Pa. Commw. Ct. 2016). “The Petition seeks a hearing to determine whether a condemnation of the Property has occurred, the appointment of a board of viewers pursuant to Section 502(c) of the Eminent Domain Code, 26 Pa.C.S. § 502(c), to view the Property for the purpose of closing off and vacating the…”
Thomas A. McElwee & Son, Inc. v. Se. Pennsylvania Transp. Auth., 948 A.2d 762 (Pa. 2008). “§ l-502(e) 2 (repealed and recodified as amended at 26 Pa.C.S. § 502(c)), claiming that SEPTA’s actions had effected a de facto condemnation by causing the closure of the business.”
Szabo, S. v. PennDOT, Aplt., 202 A.3d 52 (Pa. 2019). “26 Pa.C.S. § 502 (a)(6). [J-27-2018] - 4 determine just compensation for the condemnation of Parcel 5.”
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).
— 26 Pa. Cons. Stat. § 502(c)(1) — 18 cases
York Road Realty Co., L.P. v. Cheltenham Twp., 136 A.3d 1047 (Pa. Commw. Ct. 2016). “York Road’s pleading also contained its Petition in accordance with Section 502 of the Code, 26 Pa.C.S. § 502 (Count II). See R.R. at 52a-89a.”
Lang v. Commonwealth, Dep't of Transp., 13 A.3d 1043 (Pa. Commw. Ct. 2011). “” Pursuant to Section 502(c)(1) of the Current Code (petition for appointment of viewers), 26 Pa.C.S. § 502(c)(1), a petition for viewers asserting a prior de facto taking occurred is no longer conditioned on whether the con-demnor filed a declaration of taking.”
In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDOT, 194 A.3d 722 (Pa. Commw. Ct. 2018). “…who asserts that the owner's property interest has been condemned without the filing of a declaration of taking ...." 26 Pa. C.S. § 502(c)(1).”
Steen v. Pennsylvania Tpk. Comm'n, 3 A.3d 747 (Pa. Commw. Ct. 2010). “26 Pa.C.S. § 502(a). Section 502(c)(1) specifically provides that the "owner of a property interest who asserts that the owner's property interest has been condemned without the filing of a declaration of taking may file a petition for the appointment of viewers.”
York Road Realty Co., L.P. v. Cheltenham Twp. (Pa. Commw. Ct. 2016).
— 26 Pa. Cons. Stat. § 502(c)(2) — 9 cases
PBS Coals, Inc. & Penn Pocahontas Coal, Co. v. Comwlth of PA, DOT, 206 A.3d 1201 (Pa. Commw. Ct. 2019). “See Sections 502, 504, and 701 of the Eminent Domain Code, 26 Pa.C.S. §§ 502, 504, 701. In general, "the right of access to and from a public highway is a property right of which the owner of the property abutting the highway cannot be deprived without just compensation.”
Gerg v. Twp. of Fox, 107 A.3d 849 (Pa. Commw. Ct. 2015).
C.A. Conley, an Individual v. Cnty. of Allegheny (Pa. Commw. Ct. 2020).
Breck v. Pittsburgh-Butler Reg'l Airport (Pa. Commw. Ct. 2024).
M.L. Breck & C.A. Breck v. Pittsburgh-Butler Reg'l Airport, a/k/a Butler Cnty. Airport (Pa. Commw. Ct. 2025).
— 26 Pa. Cons. Stat. § 502(c)(3) — 1 case
C.A. Conley, an Individual v. Cnty. of Allegheny (Pa. Commw. Ct. 2020).
— 26 Pa. Cons. Stat. § 502(c)(4) — 2 cases
Hughes, C., Aplts. v. UGI Storage Co. (Pa. 2021).
Albrecht, J., Aplt. v. UGI Storage Co. (Pa. 2021).
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