Pennsylvania § 206 Extraterritorial takings

Pennsylvania Statutes

§ 206 — Extraterritorial takings

Pennsylvania·Title 26 EMINENT DOMAIN·Ch. 2 LIMITATIONS ON USE OF EMINENT DOMAIN

(a)General rule.--Except as set forth in subsection (b), no political subdivision shall exercise eminent domain authority against land that is situated in another political subdivision without the approval by resolution of the governing body of the political subdivision in which the land is situated.

(b)Exceptions.--This section shall not apply to any of the following:

(1)A school district which exercises eminent domain authority against property located within its geographic boundaries.

(2)An authority formed under 53 Pa.C.S. Ch. 56 (relating to municipal authorities) which exercises eminent domain authority against property located within its geographic boundaries.

(3)The exercise of eminent domain authority under 74 Pa.C.S. § 5920 (relating to acquisition of air rights).

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(a) General rule.--Except as set forth in subsection (b), no political subdivision shall exercise eminent domain authority against land that is situated in another political subdivision without the approval by resolution of the governing body of the political subdivision in which the land is situated.

(b) Exceptions.--This section shall not apply to any of the following:

(1) A school district which exercises eminent domain authority against property located within its geographic boundaries.

(2) An authority formed under 53 Pa.C.S. Ch. 56 (relating to municipal authorities) which exercises eminent domain authority against property located within its geographic boundaries.

(3) The exercise of eminent domain authority under 74 Pa.C.S. § 5920 (relating to acquisition of air rights).

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Legislative History

Cross References.Section 206 is referred to sections 2009, 2021, 2411, 2441, 25B05 of Title 8 (Boroughsand Incorporated Towns); sections 12409, 13206, 13240, 13401, 14201, 144A14 of Title 11 (Cities).