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A04785
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1773
Session of
2017
INTRODUCED BY GABLER, JAMES, NEILSON, WARD, WHEELAND AND
ZIMMERMAN, SEPTEMBER 12, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 12, 2017
AN ACT
Amending Title 26 (Eminent Domain) of the Pennsylvania
Consolidated Statutes, in limitations on use of eminent
domain, prohibiting landlocked property under certain
circumstances; imposing a penalty; and repealing certain
provisions of the General Road Law.
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 208. Landlocked property.
(a) Prohibition.--Except as set forth in subsection (b) (c) ,
in the case of a partial taking of the property of a condemnee,
a condemnor may not render the remaining parcel inaccessible to
the condemnee by creating a landlocked property with no ingress
or egress to or from a public road or highway.
(b) Penalty.--A violation of subsection (a) shall subject
the condemnor to liability for payment to the condemnee of three
times the amount of damages determined under section 702(a)
(relating to measure of damages), reimbursement of reasonable
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appraisal, attorney and engineering fees and other costs or
expenses actually incurred by the condemnee.
(b) Nonapplicability.--Subsection (a) (c)
Nonapplicability.--Subsections (a) and (b) shall not apply if
the condemnee consents in writing to creation of the landlocked
property.
Section 2. The Sections 1, 2, 3, 4, 5, 7, 8, 9, 11, 12, 13,
14, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 48, 49, 50, 51, 53,
54, 55, 57, 58, 65, 70, 71, 72 and 75 of the act of June 13,
1836 (P.L.551, No.169), referred to as the General Road Law, is
are repealed.
Section 3. This act shall take effect in 60 days.
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