Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 701 (2026)

 Just compensation; other damages.

✓ current as of May 2026
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CHAPTER 7

JUST COMPENSATION AND MEASURE OF DAMAGES

 

Sec.

701.  Just compensation; other damages.

702.  Measure of damages.

703.  Fair market value.

704.  Effect of imminence of condemnation.

705.  Contiguous tracts and unity of use.

706.  Effect of condemnation use on after value.

707.  Removal of machinery, equipment or fixtures.

708.  Expenses incidental to transfer of title.

709.  Condemnee's costs where no declaration of taking filed.

710.  Limited reimbursement of appraisal, attorney and engineering fees.

711.  Payment on account of increased mortgage costs.

712.  Loss of rentals because of imminence of condemnation.

713.  Delay compensation.

714.  Consequential damages.

715.  Damages for vacation of roads.

716.  Attempted avoidance of monetary just compensation.

 

Enactment.  Chapter 7 was added May 4, 2006, P.L.112, No.34, effective in 120 days.

§ 701.  Just compensation; other damages.

A condemnee shall be entitled to just compensation for the taking, injury or destruction of the condemnee's property, determined as set forth in this chapter. Other damages shall also be paid or awarded as provided in this title.

 

Cross References.  Section 701 is referred to in section 521 of this title.

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2016–2025 · leading case: Lang v. Commonwealth, Dep't of Transp., 135 A.3d 225 (Pa. Commw. Ct. 2016).
Lang v. Commonwealth, Dep't of Transp., 135 A.3d 225 (Pa. Commw. Ct. 2016). “Lang relies upon the language of Section 701 of the Code which states: “A con-demnee shall be entitled to just compensation for the taking, injury or destruction of the condemnee’s property, determined as set forth in this chapter[, and] [o]ther damages shall also be paid or…”
Vestmont Ltd. P'ship v. DOT (Pa. Commw. Ct. 2023). “” 26 Pa.C.S. § 701. “Just compensation” is defined as “the difference between [(1)] the fair market value of the condemnee’s entire property interest immediately before the condemnation and as unaffected by the condemnation and [(2)] the fair market value of the property…”
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of: R.E. Powell, II (Pa. Commw. Ct. 2024). “” 26 Pa. C.S. § 701. Thus, should Powell prove his case against Penelec in eminent domain, the Eminent Domain Code provides a complete remedy.”
UGI Sunbury LLC v. A Permanent Easement (M.D. Penn. 2021). “32 26 Pa. C.S. § 701 et seq. 33 26 Pa. C.S. §§ 702(a), 703.”
Pignetti, G & J, h/w, Aplts. v. PennDOT (Pa. 2025). “3 See 26 Pa.C.S. § 701 (providing that “[a] condemnee shall be entitled to just compensation for the taking, injury or destruction of the condemnee’s property”).”
Pignetti, G & J, h/w, Aplts. v. PennDOT (Pa. 2025). “3 See 26 Pa.C.S. § 701 (providing that “[a] condemnee shall be entitled to just compensation for the taking, injury or destruction of the condemnee’s property”).”
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