11 Pa.C.S. Ch. 128

in effect

11 Pa.C.S. § 12801 Exercise of eminent domain.

(a) General rule.--In addition to all other purposes for which a city may exercise the power of eminent domain as authorized by this part or by other laws of this Commonwealth and subject to the duty to provide just compensation, a city 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. (2) The construction of bridges and the piers, abutments and approaches for bridges. (3) The construction of slopes, embankments and storm water sewers, including storm water drains. (4) The erection and extension of waterworks, wharves and docks, public buildings, public works, filtration plants, sewage systems, sewage treatment works, waste disposal plants, including disposal of garbage, ashes and other refuse materials and transfer facilities, gas plants, electric power and light plants, firehouses, hospitals, public auditoriums, memorial buildings, public transportation facilities, comfort stations, homeless shelters, waiting stations, communications facilities, drinking fountains, libraries and other public buildings and public works. (5) The establishing of recreation places. (6) The changing of watercourses. (7) The acquisition of lands, easements and property for use of the Pennsylvania National Guard in accordance with sections 144A13 (relating to eminent domain for National Guard purposes) and 144A14 (relating to land for armory purposes). (b) Eminent domain proceedings.--Eminent domain proceedings shall be subject to and conform with the provisions of 26 Pa.C.S. (relating to eminent domain). Cross References. Section 12801 is referred to in section 12960 of this title.

11 Pa.C.S. § 12802 Restrictions as 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 city shall exercise the right of eminent domain against: (1) Land now occupied by any building which 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) Land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary period or any building used as headquarters by the Commander-in-Chief of the Continental Army. (3) The site of any building, fort, redoubt, blockhouse or headquarters, which are preserved for their historic associations and not for private profit. (b) Colonial and Revolutionary period.--The Colonial and Revolutionary period shall be deemed to have ended on September 3, 1783.

11 Pa.C.S. § 12803 Title acquired.

Except as otherwise provided by law, if land or other real or personal property is acquired by a city in eminent domain proceedings or is acquired by gift, purchase or otherwise, the title obtained by the city 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 any real property acquired by the city or in the notice of condemnation.

11 Pa.C.S. § 12824 Assessment awards.

In proceedings to assess damages and benefits, one of the following shall be awarded to or assessed against the owner of land and affected property: (1) The excess of damages over benefits. (2) The excess of benefits over damages. (3) Nothing, if the benefits and damages are equal.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=11Fetched: 10/16/2026