§ 310. Abandonment of project
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 26 Pa.C.S.A. Eminent DomainEffective: September 1, 2006
Effective: September 1, 2006
26 Pa.C.S.A. § 310
§ 310. Abandonment of project
(2) If the property is located outside the corporate boundaries of a county of the first or second class and is undeveloped or has not been substantially improved and was devoted to agricultural use at the time of the condemnation, it may not be disposed of within 21 years after condemnation without first being offered to the condemnee at the same price paid to the condemnee by the condemnor.
(3) If the property is undeveloped or has not been substantially improved and the offers required to be made under paragraphs (1) and (2) have not been accepted, the property shall not be disposed of by any condemnor, acquiring agency or subsequent purchaser for a nonpublic use or purpose within 21 years after condemnation. Upon petition by the condemnor, the court may permit disposal of the property in less than 21 years upon proof by a preponderance of the evidence that a change in circumstances has abrogated the original public purpose for which the property was taken.
“Agricultural commodity.” As defined in section 2 of the act of June 10, 1982 (P.L. 454, No. 133)1, referred to as the Right-to-Farm Law.
“Agricultural use.” Land which is used for the purpose of producing an agricultural commodity or is devoted to and meets the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the Federal Government. Land containing a farmhouse or other buildings related to farming shall be deemed to be in agricultural use. The term includes a woodlot and land which is rented to another person and used for the purpose of producing an agricultural commodity.
Credits
2006, May 4, P.L. 112, No. 34, § 1, effective in 120 days [Sept. 1, 2006].
Footnotes
3 P.S. § 952.
26 Pa.C.S.A. § 310, PA ST 26 Pa.C.S.A. § 310
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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