§ 8109. Acquisition of property rights by commission.
(a) Condemnation.--The commission may condemn, pursuant to 26 Pa.C.S. (relating to eminent domain), any
lands, interests in lands, property rights, rights-of-way, franchises, easements and
other property deemed necessary or convenient for the construction and efficient operation
of the turnpikes and the toll road conversions or necessary in the restoration or
relocation of public or private property damaged or destroyed.
(b) Purchase.--
(1) The commission may acquire by purchase, whenever it shall deem the purchase expedient,
or otherwise accept if dedicated to it, any lands, interests in lands, property rights,
rights-of-way, franchises, easements and other property deemed necessary or convenient
for the construction and efficient operation of the turnpikes and toll road conversions
or necessary in the restoration of public or private property damaged or destroyed,
whether the property has been previously condemned or otherwise, upon terms and at
a price as may be considered by the commission to be reasonable and can be agreed
upon between the commission and the owner thereof and to take title thereto in the
name of the commission.
(2) The net proceeds of the purchase price payable to a municipality or the department
for any real property or interest therein obtained by the commission pursuant to this
chapter, less the cost of retiring any bonded indebtedness on the property or interest,
shall be used exclusively, in the case of a municipality, for road-related and bridge-related
expenses and, in the case of the department, for highway and bridge construction,
reconstruction and maintenance in the same engineering and maintenance district in
which the property is located.
Notes of Decisions
In re Condemnation by Pennsylvania Tpk. Comm'n, 84 A.3d 768 (Pa. Commw. Ct. 2014).
· cites it 2× “§ 652f; see also 74 Pa.C.S. § 8109(a). 5 Additionally, the *774 General Assembly has specifically authorized the Commission to: Provide grade separations at its own expense with respect to all public roads, State highways and interstate highways intersected by the turnpikes and…”
McCready v. Dep't of Cmty. & Econ. Dev., 204 A.3d 1009 (Pa. Commw. Ct. 2019).
· cites it 2× “9(a), (b), repealed and replaced by Section 8109(a), (b)(1) of the Turnpike Act, 74 Pa. C.S. § 8109(a), (b)(1), which states, in relevant part: (a) Condemnation.”
S. O'Layer McCready v. DCED (Pa. Commw. Ct. 2019).
· cites it 2× “9(a), (b), repealed and replaced by Section 8109(a), (b)(1) of the Turnpike Act, 74 Pa. C.S. §8109(a), (b)(1), which states, in relevant part: (a) Condemnation.”
— 74 Pa. Cons. Stat. § 8109(a) — 4 cases
In re Condemnation by Pennsylvania Tpk. Comm'n, 84 A.3d 768 (Pa. Commw. Ct. 2014).
“§ 652f; see also 74 Pa.C.S. § 8109(a). 5 Additionally, the *774 General Assembly has specifically authorized the Commission to: Provide grade separations at its own expense with respect to all public roads, State highways and interstate highways intersected by the turnpikes and…”
McCready v. Dep't of Cmty. & Econ. Dev., 204 A.3d 1009 (Pa. Commw. Ct. 2019).
“9(a), (b), repealed and replaced by Section 8109(a), (b)(1) of the Turnpike Act, 74 Pa. C.S. § 8109(a), (b)(1), which states, in relevant part: (a) Condemnation.”
S. O'Layer McCready v. DCED (Pa. Commw. Ct. 2019).
“9(a), (b), repealed and replaced by Section 8109(a), (b)(1) of the Turnpike Act, 74 Pa. C.S. §8109(a), (b)(1), which states, in relevant part: (a) Condemnation.”
— 74 Pa. Cons. Stat. § 8109(b)(1) — 2 cases
McCready v. Dep't of Cmty. & Econ. Dev., 204 A.3d 1009 (Pa. Commw. Ct. 2019).
“9(a), (b), repealed and replaced by Section 8109(a), (b)(1) of the Turnpike Act, 74 Pa. C.S. § 8109(a), (b)(1), which states, in relevant part: (a) Condemnation.”
S. O'Layer McCready v. DCED (Pa. Commw. Ct. 2019).
“9(a), (b), repealed and replaced by Section 8109(a), (b)(1) of the Turnpike Act, 74 Pa. C.S. §8109(a), (b)(1), which states, in relevant part: (a) Condemnation.”
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