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§ 309. Right to enter property prior to condemnation

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. § 309
§ 309. Right to enter property prior to condemnation
(a) General rule.--Prior to the filing of the declaration of taking, the condemnor or its employees or agents shall have the right to enter upon any land or improvement in order to make studies, surveys, tests, soundings and appraisals.
(b) Notice to owner required.--The owner of the land or the party in whose name the property is assessed shall be notified ten days prior to entry on the property.
(c) Damages.--
(1) Any actual damages sustained by the owner of a property interest in the property entered upon by the condemnor shall be paid by the condemnor.
(2) Damages shall be assessed by the court, or the court may refer the matter to viewers to ascertain and assess the damages sustained by the condemnee.
(d) Construction.--The exercise of this right of entry by the condemnor shall neither constitute a condemnation nor be interpreted as a notice of an intent to acquire the real property.


2006, May 4, P.L. 112, No. 34, § 1, effective in 120 days [Sept. 1, 2006].
26 Pa.C.S.A. § 309, PA ST 26 Pa.C.S.A. § 309
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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