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§ 305. Notice to condemnee

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 26 Pa.C.S.A. Eminent DomainEffective: September 1, 2006

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 26 Pa.C.S.A. Eminent Domain (Refs & Annos)
Chapter 3. Procedure to Condemn (Refs & Annos)
Effective: September 1, 2006
26 Pa.C.S.A. § 305
§ 305. Notice to condemnee
(a) Written notice.--Within 30 days after the filing of the declaration of taking, the condemnor shall give written notice of the filing to the condemnee, to any mortgagee of record and to any lienholder of record.
(b) Service.--
(1) The notice shall be served, within or without this Commonwealth, by any competent adult in the same manner as in a civil action or by registered mail to the last known address of the person being served.
(2) If service cannot be made in the manner set forth under paragraph (1), then service shall be made by posting a copy of the notice upon the most public part of the property and by publication of a copy of the notice, omitting the plot plan required by subsection (c)(9), one time each in one newspaper of general circulation and the legal journal, if any, published in the county.
(c) Contents.--The notice to be given the condemnee shall state:
(1) The caption of the case.
(2) The date of filing of the declaration of taking and the court term and number.
(3) The name of the condemnee to whom it is directed.
(4) The name and address of the condemnor.
(5) A specific reference to the statute and section under which the condemnation action is authorized.
(6) A specific reference to the action, whether by ordinance, resolution or otherwise, by which the declaration of taking was authorized, including the date when the action was taken and the place where the record may be examined.
(7) A brief description of the purpose of the condemnation.
(8) A statement that the condemnee's property has been condemned and a reasonable identification of the property.
(9) In the case of a partial taking, a plot plan showing the condemnee's entire property and the area taken.
(10) A statement of the nature of the title acquired.
(11) A statement specifying where a plan showing the condemned property may be inspected in the county in which the property taken is located.
(12) A statement of how just compensation has been made or secured.
(13) A statement that, if the condemnee wishes to challenge the power or the right of the condemnor to appropriate the condemned property, the sufficiency of the security, the procedure followed by the condemnor or the declaration of taking, the condemnee must file preliminary objections within 30 days after being served with notice of condemnation.
(d) Compliance.--Service of a copy of the declaration of taking, together with the information and notice required by subsection (c)(2), (8), (9) and (13), shall constitute compliance with the notice requirements of this section.
(e) Proof of service.--The condemnor shall file proof of service of the notice.


2006, May 4, P.L. 112, No. 34, § 1, effective in 120 days [Sept. 1, 2006].
26 Pa.C.S.A. § 305, PA ST 26 Pa.C.S.A. § 305
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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