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Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 709 (2026)

 Condemnee's costs where no declaration of taking filed.

✓ current as of May 2026
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§ 709.  Condemnee's costs where no declaration of taking filed.

Where proceedings are instituted by a condemnee under section 502(c) (relating to petition for appointment of viewers), a judgment awarding compensation to the condemnee for the taking of property shall include reimbursement of reasonable appraisal, attorney and engineering fees and other costs and expenses actually incurred.

 

Cross References.  Section 709 is referred to in sections 519, 710 of this title.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2009–2023 · leading case: McGAFFIC v. City of New Castle, 973 A.2d 1047 (Pa. Commw. Ct. 2009).
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McGAFFIC v. City of New Castle, 973 A.2d 1047 (Pa. Commw. Ct. 2009). · cites it 2× “That provision is now codified at 26 Pa.C.S. § 709. Other than reformatting, the provision remains identical.”
S.J. Szabo & M.B. Szabo v. DOT, 212 A.3d 1168 (Pa. Commw. Ct. 2019). “" Section 709 of the Eminent Domain Code, 26 Pa. C.S. § 709. In a de jure condemnation, the condemnee's reimbursement for those same items is limited to $4,000.”
Lang v. Commonwealth, Dep't of Transp., 13 A.3d 1043 (Pa. Commw. Ct. 2011). “The court further noted Lang’s main motivation for pursuing a de facto taking was obtaining unlimited attorney fees and expenses under 26 Pa.C.S. § 709. Id. at 7. The trial court's findings are supported by the record.”
In re: Vacation of Raccoon Creek Rd. by Ordinance No. 2-2016 ~ Appeal of: A. Chirgott (Pa. Commw. Ct. 2023). “26 Pa.C.S. § 709. Despite the Board referring to: Appellee’s appraiser’s testimony that in his opinion, the Property’s fair market value (FMV) before the Road’s vacation (pre- vacation FMV) was $421,850.”
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.