Pennsylvania Consolidated Statutes

26 Pa. Cons. Stat. § 714 (2026)

Consequential damages.

✓ current as of May 2026

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§ 714. Consequential damages.

All condemnors, including the Commonwealth, shall be liable for damages to property abutting the area of an improvement resulting from change of grade of a road or highway, permanent interference with access or injury to surface support, whether or not any property is taken.

Cross References. Section 714 is referred to in section 521 of this title.

Notes of Decisions

Cited in 16 cases (5 in the last 5 years), 2008–2024 · leading case: York Road Realty Co., L.P. v. Cheltenham Twp., 136 A.3d 1047 (Pa. Commw. Ct. 2016).

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York Road Realty Co., L.P. v. Cheltenham Twp., 136 A.3d 1047 (Pa. Commw. Ct. 2016). · cites it 3× “On November 20, 2014, York Road filed its Complaint in which it claimed that the Township owned the Footbridge and demanded damages on the basis that the Township’s failure to repair or replace the Footbridge was a de facto taking/inverse condemnation under Section 714 of the…”

J.M. McMaster & M.E. McMaster, h/w v. The Twp. of Bensalem, 161 A.3d 1031 (Pa. Commw. Ct. 2017). · cites it 3× “Property Owners’ contention that they are entitled to consequential damages under the Eminent Domain Code also fails. Under 'both the former and current Eminent Domain Codes, a property owner can recover consequential damages for certain types of government actions regardless of…”

Borough of Walnutport v. Dennis, 13 A.3d 541 (Pa. Commw. Ct. 2010). · cites it 3× “2006-84, enacted the consolidated Eminent Domain Code; the act was effective September 1, 2006, 26 Pa.C.S. § 714, recognizes the issue of consequential damages to property due to work by a municipality on its own abutting property.”

Thomas A. McElwee & Son, Inc. v. Se. Pennsylvania Transp. Auth., 948 A.2d 762 (Pa. 2008). “§ 1-612 (repealed and recodified as 26 Pa.C.S. § 714). Initially, we recognize that, although the Commonwealth Court was correct in indicating that every property owner retains the right of access from a public roadway, see Sienkiewicz I, 584 Pa.”

York Road Realty Co., L.P. v. Cheltenham Twp. (Pa. Commw. Ct. 2016). · cites it 3× “On November 20, 2014, York Road filed its Complaint in which it claimed that the Township owned the Footbridge and demanded damages on the basis that the Township’s failure to repair or replace the Footbridge was a de facto taking/inverse condemnation under Section 2 714 of the…”

B. Albert & D. Albert v. City of Pittsburgh & the Pittsburgh Water & Sewer Auth. ~ Appeal of: City of Pittsburgh (Pa. Commw. Ct. 2024). · cites it 2× “” 26 Pa.C.S. § 714. There is apparently no dispute that the landslide and the City’s subsequent removal of and failure to restore Andover Terrace resulted in injury to surface support of the Alberts’ property.”

M.A. Kriner & A.J. Kriner v. PennDOT (Pa. Commw. Ct. 2016). “2 26 Pa. C.S. §714. Section 714 states that “[a]ll condemnors, including the Commonwealth, shall be liable for damages to property abutting the area of an improvement resulting from change of grade of a road or highway, permanent interference with access or injury to surface…”

In Re: Condemnation of the Prop. of C. & R. LeFever v. Lower Salford Twp. Auth. & Lower Salford Twp. (Pa. Commw. Ct. 2017). “In addition, Section 714 of the Code, 26 Pa. C.S. §714, allows for claims for consequential damages in limited circumstances where a property abutting the area of an improvement is damaged as a result of a “change of grade of a road or highway, permanent interference with access…”

Dr. N.O. Brown v. PA Tpk. Comm'n (Pa. Commw. Ct. 2019). “Condemnee sought damages related to the alleged de facto taking, including consequential damages under Section 714 of the Code, 26 Pa. C.S. §714. The trial court granted Condemnee’s petition and appointed a board of viewers to determine compensation and other damages.”

HPT TA Props. Trust v. Twp. of West Hanover (Pa. Commw. Ct. 2020). “(See Section 714, 26 Pa. C.S. § 714 “consequential damages” or Section 715, 26 Pa.”

PBS Coals v. PennDOT, Aplt. (Pa. 2021). “26 Pa.C.S. § 714 (emphases added). Cases from both this Court and the Commonwealth Court have stated that the availability of consequential damages is a separate and distinct issue from whether a taking has occurred.”

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