Read the full stored bill text
PRINTER'S NO. 1340
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1098
Session of
2025
INTRODUCED BY PHILLIPS-HILL, MALONE, J. WARD, CULVER, STEFANO,
DUSH, VOGEL, MILLER AND MASTRIANO, DECEMBER 4, 2025
REFERRED TO STATE GOVERNMENT, DECEMBER 4, 2025
AN ACT
Amending Title 26 (Eminent Domain) of the Pennsylvania
Consolidated Statutes, in procedure to condemn, providing for
advance notice to condemnee; in just compensation and measure
of damages, further providing for measure of damages, for
contiguous tracts and unity of use, for limited reimbursement
of appraisal, attorney and engineering fees and for delay
compensation; and, in special damages for displacement,
further providing for moving and related expenses of
displaced persons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 26 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 305.1. Advance notice to condemnee.
(a) Notice before filing.-- At least 30 days before filing a
declaration of taking, the condemnor shall give written notice
to the proposed condemnee, to any mortgagee of record and to any
lienholder of record.
(b) Service.-- Service shall be made in accordance with
section 305(b) (relating to notice to condemnee).
(c) Contents.-- The notice shall include all of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
following:
(1) A statement that the condemnor intends to file a
declaration of taking for the acquisition of all or part of
the property not less than 30 days from the date of the
notice.
(2) The name, mailing address, telephone number and
email address for a representative of the condemnor.
(3) The name of the proposed condemnee to whom the
proposed condemnation is directed.
(4) A statement that all or a portion of the property
may be condemned for the condemnor's project.
(5) A description of the area proposed to be condemned
sufficient for identification and an engineering or survey
plan sheet showing the area in relation to nearby
improvements.
(6) A brief description of the purpose of the proposed
condemnation, including the condemnor's proposed project.
(7) A brief explanation of eminent domain practice in
this Commonwealth, including:
(i) what eminent domain is;
(ii) the rights of a condemnee, including the
ability to retain counsel;
(iii) that counsel in these matters may be engaged
on a contingent fee basis;
(iv) the availability and limits of reimbursement
for appraisal, attorney and engineering fees under
section 710 (relating to limited reimbursement of
appraisal, attorney and engineering fees), and that the
condemnor may pay such fees directly, in its discretion
and consistent with Federal and State law;
20250SB1098PN1340 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(v) how just compensation is determined and secured;
(vi) the next procedural steps if a declaration of
taking is filed; and
(vii) how to raise preliminary objections under
section 306 (relating to preliminary objections),
including challenges to the power or right to condemn,
the sufficiency of the security, the procedure followed
or the declaration of taking.
(d) Filing, compliance and objections.-- Filing a copy of the
notice and proof of service together with the declaration of
taking and the security required under sections 302 (relating to
declaration of taking) and 303 (relating to security required)
shall constitute compliance with this section. Failure to comply
with this section shall render the declaration of taking
deficient and is a basis to sustain preliminary objections under
section 306(a)(3)(ii).
(e) Public posting.-- Within 24 hours after issuing the first
notice under subsection (a), the condemnor shall post a notice
on its publicly accessible Internet website, if available, and
at its principal office. The posting shall include, at a
minimum, the information described under subsection (c)(2), (4),
(5) and (6).
Section 2. Section 702 of Title 26 is amended by adding a
subsection to read:
§ 702. Measure of damages.
* * *
(d) Property subject to conservation easement or
agricultural security area.-- If condemned property is subject to
a conservation easement or is designated as an agricultural
security area, any reduction in value attributable solely to the
20250SB1098PN1340 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
easement or designation shall be disregarded when determining
all of the following:
(1) The fair market value of the condemnee's entire
property interest immediately before the condemnation.
(2) The value of the condemnee's property interest
remaining immediately after the condemnation, as affected by
the condemnation.
Section 3. Section 705 of Title 26 is amended to read:
§ 705. Contiguous tracts and unity of use.
Where all or a part of several contiguous tracts in
substantially identical ownership is condemned or a part of
several noncontiguous tracts in substantially identical
ownership which are used together for a unified purpose is
condemned, damages shall be assessed as if the tracts were one
parcel. Tracts within the larger parcel may have different
highest and best uses. Nothing in this section shall be
construed to prohibit an appraiser from assigning different
highest and best uses to separate tracts that comprise the
larger parcel. As used in this section, the term "larger parcel"
means the combined property that is treated as one parcel under
this section.
Section 4. Section 710(a) of Title 26 is amended and the
section is amended by adding a subsection to read:
§ 710. Limited reimbursement of appraisal, attorney and
engineering fees.
(a) General rule.--
(1) The owner of any right, title or interest in real
property acquired or injured by an acquiring agency, who is
not eligible for reimbursement of fees under section 306(g)
(relating to preliminary objections), 308(d) (relating to
20250SB1098PN1340 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
revocation of condemnation proceedings) or 709 (relating to
condemnee's costs where no declaration of taking filed),
shall be reimbursed in an amount not to exceed [$4,000]
$6,500 per property[, regardless of] and per right, title or
interest[,] as a payment toward reasonable expenses actually
incurred for appraisal, attorney and engineering fees, except
where the taking is for an easement related to underground
piping for water or sewer infrastructure, in which case the
reimbursement is limited to $1,000, regardless of right,
title or interest.
(2) Beginning January 1 next following the effective
date of this paragraph, and each January 1 thereafter, the
maximum reimbursement amounts under paragraph (1) shall be
increased by the percentage change in the Consumer Price
Index for All Urban Consumers (CPI-U) for the Pennsylvania,
New Jersey, Delaware and Maryland area for the most recent
12-month period for which figures have been officially
reported by the United States Department of Labor, Bureau of
Labor Statistics, immediately prior to the date the
adjustment is due to take effect.
* * *
(c) Definitions.--As used in this section, the term "r eal
property" means e ach separately deeded parcel that comprises the
larger parcel as defined in section 705 (relating to contiguous
tracts and unity of use).
Section 5. Sections 713 and 902 of Title 26 are amended by
adding subsections to read:
§ 713. Delay compensation.
* * *
(d) Scope.--Compensation for delay shall be payable on all
20250SB1098PN1340 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
damages and payments awarded or paid under this title, including
damages awarded under this chapter and Chapter 9 (relating to
special damages for displacement), and shall be calculated and
paid as specified under this section.
§ 902. Moving and related expenses of displaced persons.
* * *
(c) Goodwill of business or farm operation.--
(1) A displaced person who is displaced from a place of
business or from a farm operation shall be entitled, in
addition to any payment under subsection (a) and damages
under subsection (b), to compensation for loss of goodwill if
the displaced person proves all of the following:
(i) The loss is caused by an acquisition or
displacing activity or by injury to the remainder of
property retained by the owner, determined under section
705 (relating to contiguous tracts and unity of use).
(ii) The compensation is not duplicated in any other
compensation paid or awarded under this title.
(2) The acquiring agency may rebut compensation under
this subsection by proving that the loss could have
reasonably been avoided by relocating the business or farm
operation within five miles of its precondemnation location
or by taking steps and adopting procedures that a reasonably
prudent person would take to preserve goodwill.
(3) Goodwill shall be valued as of the date of the
condemnation.
(4) If the parties do not agree on the value of
goodwill, the displaced person shall make the business's or
farm operation's State tax returns available to the viewers
or the court. On terms and conditions that preserve
20250SB1098PN1340 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
confidentiality, the viewers or the court shall make the
returns available to the acquiring agency solely to determine
compensation under this subsection. Nothing in this
subsection shall be construed to affect any other right to
discovery or to production of documents, papers, books and
accounts.
(5) If the value of goodwill is negative, damages under
this subsection shall be zero.
(6) As used in this subsection, the term "g oodwill"
means the intangible asset of a business or farm operation
that represents the excess of the purchase price of an
acquired business over the fair value of its identifiable net
assets and reflects factors such as location, reputation,
customer loyalty, management and similar elements that
contribute to future economic benefits.
Section 6. This act shall take effect immediately.
20250SB1098PN1340 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16