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§ 12661. Power of eminent domain; exceptions; manner of acquiring property by eminent domain

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 16 P.S. Counties

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 16 P.S. Counties (Refs & Annos)
Chapter 4. Other Provisions Concerning Counties
Article XXVI. Creation of County Authority in Counties of Second Class and Second Class a
(d) Eminent Domain; Contracts
16 P.S. § 12661
§ 12661. Power of eminent domain; exceptions; manner of acquiring property by eminent domain
If for any of its authorized purposes the “Authority” shall find it necessary or convenient to acquire any real property in the county in which said “Authority” is created and set up, whether for immediate or future use, the “Authority” may find and determine that such property, whether a fee simple absolute or a lesser interest, is required for public use, and, upon such determination, may have and may exercise the right and power of eminent domain to acquire the same. However, no property, now or hereafter vested in or held by any county, city, borough, township, political subdivision or other municipality, shall be taken by the “Authority” without the consent of such political subdivision or municipality unless expressly authorized by this act, and neither shall any property of a public service company be taken except such property as can now be taken by the county commissioners under existing laws.
If the “Authority” is unable to agree with the owner or owners thereof upon terms for the acquisition of any such real property in the county in which said “Authority” is created and set up, for any reason whatsoever, then the “Authority” may acquire such real property in the manner provided for the acquisition of such property by counties of the second class in the exercise of the right of eminent domain.
The power of the “Authority” to acquire real property by condemnation or the exercise of the power of eminent domain, in the county in which said “Authority” is created and set up, shall be a continuing power, and no exercise thereof shall be deemed to exhaust it.
The “Authority,” and its duly authorized agents and employes, may enter upon any land in the county in which said “Authority” is created and set up for the purpose of making such surveys, maps or other examinations thereof as it may deem necessary or convenient for its authorized purposes.
All counties, cities, boroughs, townships, and other political subdivisions and municipalities, and all public agencies and commissions of the Commonwealth of Pennsylvania, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the “Authority,” upon its request, upon such terms and conditions as the proper authorities of such counties, cities, boroughs, townships, political subdivisions or other municipalities may deem reasonable and fair, and without the necessity for any advertisement, order of court, or other action or formality other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the “Authority,” including real property already devoted to public use.
The term “real property,” as used in this act, includes lands, structures, franchises, and interests in land, including lands under water and riparian rights, and any and all things and rights usually included within the said term, and includes not only fees simple absolute, but also any and all lesser interests such as easements, rights of way, uses, leases, licenses, and all other incorporeal hereditaments, and every estate, interest or right, legal or equitable, including terms of years and liens thereon by way of judgments, mortgages, or otherwise, and also claims for damage to real estate.

Credits

1933, Sp.Sess., Dec. 27, P.L. 114, art. IV, § 401.
16 P.S. § 12661, PA ST 16 P.S. § 12661
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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