73 Pa.C.S. Ch. 53

in effect

73 Pa.C.S. § 5301 Exercise of eminent domain.

(a) General rule.--A township may acquire property by eminent domain, including entering upon, appropriating, taking, using and occupying private lands and property for any of the following public purposes: (1) The laying out, opening, widening, extending, vacating, grading or changing the grades or lines of streets or highways. (2) The construction of bridges and the piers and abutments for bridges. (3) The construction of slopes, embankments and storm water sewers and storm water facilities, the changing of watercourses and the construction of sanitary sewer mains, drains or treatment works. (4) The erection and extension of water systems, wharves and docks, public buildings, public works or land for a public-works-related function, municipal waste processing and disposal facilities, including municipal waste landfills, libraries and the establishment of parks, playgrounds and recreation places. (5) For all other purposes authorized by this part. (b) Proceedings.--Eminent domain proceedings shall be subject to and conform with the provisions of 26 Pa.C.S. (relating to eminent domain).

73 Pa.C.S. § 5302 Restrictions relating to certain property.

(a) General rule.--In addition to the restrictions made by other provisions of this part in particular cases or by any other provision of law, no township shall exercise the right of eminent domain against: (1) land now occupied by a building that was used during the Colonial or Revolutionary period as a place of Assembly by the Council of the Colony of Pennsylvania, the Supreme Executive Council of the Commonwealth of Pennsylvania or the Congress of the United States; (2) the land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary period or a building used as headquarters by the Commander-in-Chief of the Continental Army; or (3) the site of a building, fort, redoubt, blockhouse or headquarters that is preserved for the site's historic associations and not for private profit. (b) Colonial and Revolutionary period.--For purposes of subsection (a), the Colonial and Revolutionary period shall be deemed to have ended on September 3, 1783.

73 Pa.C.S. § 5303 Declaration of intention.

A township shall declare the township's intention to acquire, enter upon, take, use and appropriate private property or land for any of the purposes authorized by this part by ordinance or resolution.

73 Pa.C.S. § 5304 Value of land or property not to be assessed as benefits.

In the appropriation of land or property for public use, other than for streets, it shall be unlawful to assess any portion of the damage done to or value of the appropriated land or property against the other property adjoining or in the vicinity of the appropriated land or property.

73 Pa.C.S. § 5305 Title acquired.

Except as otherwise provided by law, if land or other real or personal property is acquired by a township in eminent domain proceedings, other than for street or highway or easement purposes, or is acquired by gift, purchase or otherwise, the title obtained by the township shall be in fee simple absolute or like absolute ownership unless the parties agree otherwise in writing and the agreement expressly appears in a recorded deed affecting real property acquired by the township or in the notice of condemnation.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=73Fetched: 10/16/2026