PRINTER'S NO. 1538
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1395
Session of
2021
INTRODUCED BY QUINN, SANCHEZ, HILL-EVANS, STAMBAUGH, R. BROWN,
B. MILLER AND KEEFER, MAY 17, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 17, 2021
AN ACT
Providing for property owner's bill of rights statement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Property
Owner's Bill of Rights Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Acquiring agency." The term shall have the same meaning as
provided under 26 Pa.C.S. § 103 (relating to definitions).
"Condemn." The term shall have the same meaning as provided
under 26 Pa.C.S. § 103.
Section 3. 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
whose property may be condemned by an acquiring agency through
the use of the agency's eminent domain authority under 26
Pa.C.S. (relating to eminent domain).
(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
condemned;
(3) a hearing under 26 Pa.C.S. Ch. 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.
Section 4. Written statement.
(a) Requirement.--The written statement under section 3(a)
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 26 Pa.C.S. Ch. 3
(relating to procedure to condemn).
(ii) The procedure for determining damages under 26
Pa.C.S. Ch. 5 (relating to procedure for determining
damages).
(iii) The acquiring agency's obligations to the
property owner.
(iv) The property owner's rights during a
condemnation, including the right of appeal.
(b) Construction.--The written statement shall:
(1) Be in plain language easily understood by the
20210HB1395PN1538 - 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
average property owner.
(2) Be provided by the acquiring agency with the written
notice required under 26 Pa.C.S. § 305(a) (relating to notice
to condemnee).
(3) Be available on the Office of Attorney General's
publicly accessible Internet website.
Section 5. Notice.
The property owner's bill of rights shall be provided to the
last known address of the property owner at least seven days
before the agency's declaration of taking under 26 Pa.C.S. § 302
(relating to declaration of taking).
Section 6. Disclaimer.
The written statement provided under section 3 shall include
a disclaimer that the information provided in the property
owner's bill of rights pertains only to real property subject to
an acquiring agency's authority under 26 Pa.C.S. (relating to
eminent domain) and is not legal advice or intended to be a
substitute for legal counsel.
Section 7. Effective date.
This act shall take effect in 60 days.
20210HB1395PN1538 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20