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PRINTER'S NO. 1845
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1199
Session of
2018
INTRODUCED BY RAFFERTY, DINNIMAN, SCHWANK, VULAKOVICH, MENSCH,
FOLMER AND WARD, JUNE 11, 2018
REFERRED TO JUDICIARY, JUNE 11, 2018
AN ACT
Amending Title 26 (Eminent Domain) of the Pennsylvania
Consolidated Statutes, in general provisions, providing for
property owner's bill of rights statement.
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:
ยง 104. Property owner's bill of rights statement.
(a) General rule.--The Attorney General shall prepare a
written statement that includes a bill of rights for an owner
whose property may be condemned by an acquiring agency through
the use of the agency's eminent domain authority under this
title.
(b) Bill of rights.--The property owner's bill of rights
must notify the property owner of the right to:
(1) notice of the proposed acquisition of the owner's
property;
(2) just compensation and other damages for the property
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condemned;
(3) a hearing under Chapter 5 (relating to procedure for
determining damages) to determine just compensation and
measure of damages; and
(4) an appeal of a judgment in a condemnation
proceeding, including an appeal of an assessment of damages.
(c) Written statement.--The written statement shall include
all of the following:
(1) The title, "Property Owner's Bill of Rights."
(2) A description of each of the following:
(i) The procedure to condemn under Chapter 3
(relating to procedure to condemn).
(ii) The procedure for determining damages under
Chapter 5.
(iii) The acquiring agency's obligations to the
property owner.
(iv) The property owner's rights during a
condemnation, including the right of appeal.
(d) Construction.--The written statement shall:
(1) Be in plain language easily understood by the
average property owner.
(2) Be provided by the acquiring agency with the written
notice required under section 305(a) (relating to notice to
condemnee).
(3) Be available on the Office of Attorney General's
publicly accessible Internet website.
Section 2. This act shall take effect in 60 days.
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