Pa. Cons. Stat. » 26 Pa. Cons. Stat. (EMINENT DOMAIN) / Chapter 7
Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 702 (2026)

  Measure of damages.

✓ current as of May 2026
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§ 702.  Measure of damages.

(a)  Just compensation.--Just compensation shall consist of the difference between the fair market value of the condemnee's entire property interest immediately before the condemnation and as unaffected by the condemnation and the fair market value of the property interest remaining immediately after the condemnation and as affected by the condemnation.

(b)  Urban development or redevelopment condemnation.--In the case of the condemnation of property in connection with any urban development or redevelopment project, which property is damaged by subsidence due to failure of surface support resulting from the existence of mine tunnels or passageways under the property or by reason of fires occurring in mine tunnels or passageways or of burning coal refuse banks, the damage resulting from the subsidence or underground fires or burning coal refuse banks shall be excluded in determining the fair market value of the condemnee's entire property interest immediately before the condemnation.

(c)  Value of property damaged by natural disaster.--

(1)  In the case of the condemnation of property in connection with any program or project which property is damaged by any natural disaster, the damage resulting from the natural disaster shall be excluded in determining fair market value of the condemnee's entire property interest immediately before the condemnation.

(2)  This subsection applies only where the damage resulting from the natural disaster has occurred within five years prior to the initiation of negotiations for or notice of intent to acquire or order to vacate the property and during the ownership of the property by the condemnee. The damage to be excluded shall include only actual physical damage to the property for which the condemnee has not received any compensation or reimbursement.

 

Cross References.  Section 702 is referred to in section 521 of this title.

Notes of Decisions
Cited in 17 cases (10 in the last 5 years), 2016–2026 · leading case: Tenn. Gas Pipeline Co. v. Permanent Easement for 7.053 Acres, 931 F.3d 237 (3rd Cir. 2019).
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Tenn. Gas Pipeline Co. v. Permanent Easement for 7.053 Acres, 931 F.3d 237 (3rd Cir. 2019). · cites it 2× “” 26 Pa. Cons. Stat. § 702 (a). But fair market value appears to be a more inclusive concept under Pennsylvania law.”
In Re: Condemnation by PennDOT, of Right-of-Way for SR 1032, Section B02, in the Borough of Rochester: Cronimet Corp. v. PennDOT, 137 A.3d 666 (Pa. Commw. Ct. 2016). “” 26 Pa.C.S. § 702(a)! ' ' The Code also provides for “consequential damages” in Section 714.”
Lang v. Commonwealth, Dep't of Transp., 135 A.3d 225 (Pa. Commw. Ct. 2016). “Further, although Section 713 ■ of the Code is within the same chapter as Section 701 of the Code, Section '702(a) of the Code explicitly defines the term “[jjust compensation” as “the difference between the fair market value of the condemnee’s entire property interest…”
2800 N. Broad St., LLC v. Com. of PA, DOT (Pa. Commw. Ct. 2021). · cites it 2× “26 Pa.C.S. §§ 702 and 706. Section 702(a) provides that “[j]ust compensation shall consist of the difference between the fair market value of the condemnee’s entire property interest immediately before the condemnation and as unaffected by the condemnation and the fair market…”
Condemnation of Permanent & Temp. Rights of Way for the Transp. of Nat. Gas in Buffalo Twp., Washington Cnty., PA Dr. L.G. Smith & Mrs. M.P. Smith, h&w v. Nat'l Fuel Gas Supply Corp. (Pa. Commw. Ct. 2018). “26 Pa. C.S. § 702(a). Thus, to determine just compensation, the Eminent Domain Code requires an examination of a property’s value both before and after a taking.”
Franconi Enter., Inc. v. Kingston Borough (Pa. Commw. Ct. 2020). “” 26 Pa. C.S. §702(a). Applying these factors to the allegations here, we agree with the trial court that the Borough’s actions are not in the nature of a taking by eminent domain.”
Forty Foot Farms v. PA Tpk. Comm'n (Pa. Commw. Ct. 2021). “” 26 Pa. C.S. § 702(a). Furthermore, per Section 703 of the Eminent Domain Code: Fair market value shall be the price which would be agreed to by a willing and informed seller and buyer, taking into consideration but not limited to the following factors: (1) The present use of…”
R. Miller & M.L. Miller v. The Borough of Indian Lake (Pa. Commw. Ct. 2021). “” 26 Pa. C.S. §702(a). Just compensation measures “the entire property interest” before and after the condemnation “as affected by the condemnation.”
Vestmont Ltd. P'ship v. DOT (Pa. Commw. Ct. 2023). “Vestmont argues that the calculation of the pre- condemnation value “must disregard any impact on the value caused by the ‘imminence of condemnation.”
Tank Car Corp. of Am. v. Springfield Twp. (Pa. Commw. Ct. 2023). “” Section 702(a) of the Eminent Domain Code, 26 Pa. C.S. § 702(a). Fair market value is defined as: the price which would be agreed to by a willing and informed seller and buyer, taking into consideration but not limited to the following factors: (1) The present use of the…”
Transcontinental Gas Pipe Line Co., LLC v. Permanent Easement for 1.02 Acres & Temp. Easements for 1.65 Acres in West Hempfield Twp., Lancaster Cnty., Pennsylvania, Tax Parcel No. 3000462100000 (E.D. Pa. 2020). “” 26 Pa. C.S. § 702(a). Based upon this definition, the religious liberties of a landowner clearly do not affect the fair market value of a property.”
Transcontinental Gas Pipe Line Co., LLC v. PERMANENT EASEMENT FOR (M.D. Penn. 2019). “” 26 Pa. C.S. § 702(a) (defining “just compensation”).”
Show all 17 citing cases →
— 26 Pa. Cons. Stat. § 702(a) — 15 cases
In Re: Condemnation by PennDOT, of Right-of-Way for SR 1032, Section B02, in the Borough of Rochester: Cronimet Corp. v. PennDOT, 137 A.3d 666 (Pa. Commw. Ct. 2016). “” 26 Pa.C.S. § 702(a)! ' ' The Code also provides for “consequential damages” in Section 714.”
Lang v. Commonwealth, Dep't of Transp., 135 A.3d 225 (Pa. Commw. Ct. 2016). “Further, although Section 713 ■ of the Code is within the same chapter as Section 701 of the Code, Section '702(a) of the Code explicitly defines the term “[jjust compensation” as “the difference between the fair market value of the condemnee’s entire property interest…”
Condemnation of Permanent & Temp. Rights of Way for the Transp. of Nat. Gas in Buffalo Twp., Washington Cnty., PA Dr. L.G. Smith & Mrs. M.P. Smith, h&w v. Nat'l Fuel Gas Supply Corp. (Pa. Commw. Ct. 2018). “26 Pa. C.S. § 702(a). Thus, to determine just compensation, the Eminent Domain Code requires an examination of a property’s value both before and after a taking.”
Franconi Enter., Inc. v. Kingston Borough (Pa. Commw. Ct. 2020). “” 26 Pa. C.S. §702(a). Applying these factors to the allegations here, we agree with the trial court that the Borough’s actions are not in the nature of a taking by eminent domain.”
Forty Foot Farms v. PA Tpk. Comm'n (Pa. Commw. Ct. 2021). “” 26 Pa. C.S. § 702(a). Furthermore, per Section 703 of the Eminent Domain Code: Fair market value shall be the price which would be agreed to by a willing and informed seller and buyer, taking into consideration but not limited to the following factors: (1) The present use of…”
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