Pennsylvania § 203 Applicability

Pennsylvania Statutes

§ 203 — Applicability

Pennsylvania § 203

Title 26EMINENT DOMAIN

Ch. 2LIMITATIONS ON USE OF EMINENT DOMAIN

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Bluebook

26 Pa. Cons. Stat. § 203 (2026).

Text

(a)Authority.--Except as set forth in subsection (b), the limitations and protections set forth in this chapter apply to the exercise of eminent domain by a condemnor.

(b)Exception.--This chapter does not affect any of the following:

(1)The jurisdiction or power of the Pennsylvania Public Utility Commission.

(2)Any statute providing for the assessment of benefits for public improvement on the properties benefited.

(3)The jurisdiction or power of the Philadelphia Regional Port Authority to exercise eminent domain within a designated port zone for a port facility as defined in the act of July 10, 1989 (P.L.291, No.50), known as the Philadelphia Regional Port Authority Act.

(4)The exercise of eminent domain within a city of the first or second class in areas that were certified, on

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(a) Authority.--Except as set forth in subsection (b), the limitations and protections set forth in this chapter apply to the exercise of eminent domain by a condemnor.

(b) Exception.--This chapter does not affect any of the following:

(1) The jurisdiction or power of the Pennsylvania Public Utility Commission.

(2) Any statute providing for the assessment of benefits for public improvement on the properties benefited.

(3) The jurisdiction or power of the Philadelphia Regional Port Authority to exercise eminent domain within a designated port zone for a port facility as defined in the act of July 10, 1989 (P.L.291, No.50), known as the Philadelphia Regional Port Authority Act.

(4) The exercise of eminent domain within a city of the first or second class in areas that were certified, on or before the effective date of this chapter, as blighted under section 2 of the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law. This paragraph shall expire December 31, 2012.

(5) The exercise of eminent domain by a home rule county of the second class A, or a municipality located therein, in areas that were certified, on or before the effective date of this chapter, as blighted under section 2 of the Urban Redevelopment Law. This paragraph shall expire December 31, 2012.

(6) The exercise of eminent domain within a home rule municipality by a county of the second class A in areas that were certified, on or before the effective date of this chapter, as blighted under section 2 of the Urban Redevelopment Law. This paragraph shall expire December 31, 2012.

(c) Construction.--Nothing in this chapter shall be deemed to expand or enlarge the power of a condemnor to utilize eminent domain.