Pa. Cons. Stat. » 68 Pa. Cons. Stat. (REAL AND PERSONAL PROPERTY) / Chapter 31
Pennsylvania Consolidated Statutes

68 Pa. Cons. Stat. § 3107 (2026)

 Eminent domain.

✓ current as of May 2026
Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 3107.  Eminent domain.

(a)  General rule.--If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for his unit and its common element interest, whether or not any common element interest is acquired. Upon acquisition, unless the decree otherwise provides, that unit's entire common element interest, votes in the association and common expense liability are automatically reallocated to the remaining units in proportion to the respective interests, votes and liabilities of those units before the taking, and the association shall promptly prepare, execute and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.

(b)  Acquisition of part of a unit.--Except as provided in subsection (a), if part of a unit is acquired by eminent domain the award must compensate the unit owner for the reduction in value of the unit and its common element interest. Upon acquisition:

(1)  that unit's common element interest, votes in the association and common expense liability are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration; and

(2)  the portion of common element interest, votes and common expense liability divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective interests, votes and liabilities of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced interest, votes and liabilities.

(c)  Acquisition of part of common elements.--If part of the common elements is acquired by eminent domain, the award must be paid to the association. The association shall divide any portion of the award not used for any restoration or repair of the remaining common elements among the unit owners in proportion to their respective common element interests before the taking, but the portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition, or in any manner the declaration provides.

 

Cross References.  Section 3107 is referred to in sections 3102, 3207, 3208, 3219, 3220, 3312 of this title.

Notes of Decisions
Cited in 3 cases, 2002–2009 · leading case: Cunius v. Bd. of Assessment Appeals, 976 A.2d 635 (Pa. Commw. Ct. 2009).
Sort: Relevance Newest Treatment
Cunius v. Bd. of Assessment Appeals, 976 A.2d 635 (Pa. Commw. Ct. 2009). “Uniform Law Comment, 68 Pa.C.S. § 3107. Accordingly, while the creation of or conversion to a condominium does not constitute a subdivision of property for purposes of the application and approval process set forth in the MPC, it does constitute a division of land for purposes…”
Norberry One Condo. Ass'n v. Commonwealth, Dep't of Transporatation, 805 A.2d 59 (Pa. Commw. Ct. 2002). “68 Pa.C.S. § 3107(c) relating to eminent domain actions involving condominiums provides: Acquisition of part of common elements.”
In Re Condemnation by Com. of Pennsylvania, 805 A.2d 59 (Pa. Commw. Ct. 2002). “[9] 68 Pa.C.S. § 3107(c) relating to eminent domain actions involving condominiums provides: Acquisition of part of common elements.”
— 68 Pa. Cons. Stat. § 3107(c) — 2 cases
Norberry One Condo. Ass'n v. Commonwealth, Dep't of Transporatation, 805 A.2d 59 (Pa. Commw. Ct. 2002). “68 Pa.C.S. § 3107(c) relating to eminent domain actions involving condominiums provides: Acquisition of part of common elements.”
In Re Condemnation by Com. of Pennsylvania, 805 A.2d 59 (Pa. Commw. Ct. 2002). “[9] 68 Pa.C.S. § 3107(c) relating to eminent domain actions involving condominiums provides: Acquisition of part of common elements.”
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.