Pa. Cons. Stat. » 53 Pa. Cons. Stat. (MUNICIPALITIES) / Chapter 56
Pennsylvania Consolidated Statutes

53 Pa. Cons. Stat. § 5615 (2026)

 Acquisition of lands, water and water rights.

✓ current as of May 2026
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§ 5615.  Acquisition of lands, water and water rights.

(a)  Authorization.--

(1)  Except as provided in paragraph (2), the authority shall have the power to acquire by purchase or eminent domain proceedings either the fee or the rights, title, interest or easement in such lands, water and water rights as the authority deems necessary for any of the purposes of this chapter. Water and water rights may not be acquired unless approval is obtained from the Department of Environmental Protection.

(2)  The right of eminent domain does not apply to:

(i)  Property owned or used by the United States, the Commonwealth or any of its political subdivisions, or an agency of any of them, or any body politic and corporate organized as an authority under any law of the Commonwealth or by any agency.

(ii)  Property of a public service company.

(iii)  Property used for burial purposes.

(iv)  Places of public worship.

(b)  Exercise.--The right of eminent domain shall be exercised by the authority in the manner provided by law for the exercise of such right by municipalities of the same class as the municipality which organized the authority. Eminent domain shall be exercised by a joint authority in the same manner as is provided by law for the exercise of such right by municipalities of the same class as the municipality in which the right of eminent domain is to be exercised. The right of eminent domain herein conferred by this section may be exercised either within or without the municipality.

(Dec. 17, 2001, P.L.926, No.110, eff. imd.)

 

2001 Amendment.  Act 110 amended subsec. (a)(2)(i), retroactive to June 19, 2001.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2004–2021 · leading case: Nicoletti v. Allegheny Cnty. Airport Auth., 841 A.2d 156 (Pa. Commw. Ct. 2004).
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Nicoletti v. Allegheny Cnty. Airport Auth., 841 A.2d 156 (Pa. Commw. Ct. 2004). · cites it 2× “- (1) Except as provided in paragraph (2), the authority shall have the power to acquire by purchase or eminent domain proceedings either the fee or the rights, title, interest or easement in such lands, water and water rights as the authority deems necessary for any of the…”
Reading Area Water Auth. v. Schuylkill River Greenway Ass'n, 100 A.3d 572 (Pa. 2014). “§ 5607(a)(5), (18), it is less clear that a water authority such as RAWA may extend its operations to engage in such activities or provide these services to the public.”
William Schenk & Sons v. Northampton, Bucks Cnty., Mun. Auth., 97 A.3d 820 (Pa. Commw. Ct. 2014). “Although that provision primarily relates to the acquisition of land, subsection (b) provides that the “right of eminent domain shall be exercised by the authority in the manner provided by law for the exercise of such right by municipalities of the same class as the…”
In Re Condemn. of Permanent Right-Of-Way, 873 A.2d 14 (Pa. Commw. Ct. 2005). “§ l-402(b), a declaration of taking must refer to the place of recording in the office of the recorder of deeds of plans showing the property condemned and the nature of the title acquired.”
In re Condemnation by Pennsylvania Tpk. Comm'n, 84 A.3d 768 (Pa. Commw. Ct. 2014). “However, section 5615(a)(2)(i) of the Municipality Authorities Act, 53 Pa.C.S. § 5615(a)(2)(i), prohibited the Authority from obtaining title to property owned by the County through condemnation.”
Reading Area Water Auth. v. Schuylkill River Greenway Ass'n, 50 A.3d 255 (Pa. Commw. Ct. 2012). “Section 5615(a)(1), 53 Pa.C.S. § 5615(a)(1), limits the power of eminent domain to acquisition of interests in lands that “the authority deems necessary for any of the purposes of this chapter.”
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021). · cites it 6× “§302(b)(2), the Declaration must contain a specific reference to the Resolution that authorized the declaration of taking, including the date when the Resolution was 8 Powell recognizes that AMED’s Declaration is authorized by section 5615 of the MAA, 53 Pa.C.S. §5615, which…”
Lower Perkiomen Valley Reg'l Sewer Auth. v. Beyer, 24 Pa. D. & C.5th 437 (2011). “53 Pa. C.S. §5615(a)(1). Pursuant to section 5615, and as set forth in the Condemnor’s Resolution 2009-17, it “is authorized to acquire by purchase or eminent domain proceedings either the fee or the rights, title, interest or easement in such lands as the authority deems…”
— 53 Pa. Cons. Stat. § 5615(a) — 1 case
Nicoletti v. Allegheny Cnty. Airport Auth., 841 A.2d 156 (Pa. Commw. Ct. 2004). “- (1) Except as provided in paragraph (2), the authority shall have the power to acquire by purchase or eminent domain proceedings either the fee or the rights, title, interest or easement in such lands, water and water rights as the authority deems necessary for any of the…”
— 53 Pa. Cons. Stat. § 5615(a)(1) — 5 cases
Reading Area Water Auth. v. Schuylkill River Greenway Ass'n, 100 A.3d 572 (Pa. 2014). “§ 5607(a)(5), (18), it is less clear that a water authority such as RAWA may extend its operations to engage in such activities or provide these services to the public.”
In Re Condemn. of Permanent Right-Of-Way, 873 A.2d 14 (Pa. Commw. Ct. 2005). “§ l-402(b), a declaration of taking must refer to the place of recording in the office of the recorder of deeds of plans showing the property condemned and the nature of the title acquired.”
Reading Area Water Auth. v. Schuylkill River Greenway Ass'n, 50 A.3d 255 (Pa. Commw. Ct. 2012). “Section 5615(a)(1), 53 Pa.C.S. § 5615(a)(1), limits the power of eminent domain to acquisition of interests in lands that “the authority deems necessary for any of the purposes of this chapter.”
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021). “§302(b)(2), the Declaration must contain a specific reference to the Resolution that authorized the declaration of taking, including the date when the Resolution was 8 Powell recognizes that AMED’s Declaration is authorized by section 5615 of the MAA, 53 Pa.C.S. §5615, which…”
Lower Perkiomen Valley Reg'l Sewer Auth. v. Beyer, 24 Pa. D. & C.5th 437 (2011). “53 Pa. C.S. §5615(a)(1). Pursuant to section 5615, and as set forth in the Condemnor’s Resolution 2009-17, it “is authorized to acquire by purchase or eminent domain proceedings either the fee or the rights, title, interest or easement in such lands as the authority deems…”
— 53 Pa. Cons. Stat. § 5615(a)(2) — 1 case
Nicoletti v. Allegheny Cnty. Airport Auth., 841 A.2d 156 (Pa. Commw. Ct. 2004). “- (1) Except as provided in paragraph (2), the authority shall have the power to acquire by purchase or eminent domain proceedings either the fee or the rights, title, interest or easement in such lands, water and water rights as the authority deems necessary for any of the…”
— 53 Pa. Cons. Stat. § 5615(a)(2)(i) — 1 case
In re Condemnation by Pennsylvania Tpk. Comm'n, 84 A.3d 768 (Pa. Commw. Ct. 2014). “However, section 5615(a)(2)(i) of the Municipality Authorities Act, 53 Pa.C.S. § 5615(a)(2)(i), prohibited the Authority from obtaining title to property owned by the County through condemnation.”
— 53 Pa. Cons. Stat. § 5615(b) — 2 cases
William Schenk & Sons v. Northampton, Bucks Cnty., Mun. Auth., 97 A.3d 820 (Pa. Commw. Ct. 2014). “Although that provision primarily relates to the acquisition of land, subsection (b) provides that the “right of eminent domain shall be exercised by the authority in the manner provided by law for the exercise of such right by municipalities of the same class as the…”
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (Pa. Commw. Ct. 2021). “§302(b)(2), the Declaration must contain a specific reference to the Resolution that authorized the declaration of taking, including the date when the Resolution was 8 Powell recognizes that AMED’s Declaration is authorized by section 5615 of the MAA, 53 Pa.C.S. §5615, which…”
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