S0800B1116A04211 DMS:EJH 04/29/24 #90 A04211
AMENDMENTS TO SENATE BILL NO. 800
Sponsor: SENATOR CAPPELLETTI
Printer's No. 1116
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in procedure to condemn, providing for advanced notice to
condemnee; and,
Amend Bill, page 1, lines 7 and 8, by striking out all of
said lines and inserting
Section 1. Title 26 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 305.1. Advanced notice to condemnee.
(a) Written advanced notice.--No less than 30 days prior to
the filing of a declaration of taking, the acquiring agency
shall give written notice to the proposed condemnee, to any
mortgagee of record and to any lienholder of record.
(b) Service.--The advanced notice shall be served in the
same manner as required for the notice under section 305(b)
(relating to notice to condemnee).
(c) Contents.--The advanced notice shall include:
(1) A statement that the acquiring agency intends to
file a declaration of taking for the acquisition of the
proposed condemnee's property no less than 30 days from the
date of the advanced notice.
(2) The name, address and contact information, including
a telephone number and email address, at which a
representative of the acquiring agency can be reached.
(3) The name of the proposed condemnee to whom the
proposed condemnation is directed.
(4) A statement that the proposed condemnee's property
or portion thereof may be condemned for purposes of the
acquiring agency's project.
(5) A brief description of the purpose of the proposed
condemnation, including the acquiring agency's proposed
project.
(6) A brief explanation of the condemnation process in
this Commonwealth, including, but not limited to, all of the
following:
(i) a statement of what eminent domain is;
(ii) the rights of a condemnee under law, including
the right to hire a lawyer to help guide the condemnee
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through the condemnation process;
(iii) how just compensation is determined and made
or secured under law;
(iv) the steps the acquiring agency will take next
if the proposed condemnee's property is subject to a
declaration of taking; and
(v) the process by which the proposed condemnee may
challenge the power or the right of the acquiring agency
to appropriate the condemned property, the sufficiency of
the security, the procedure followed by the acquiring
agency or the declaration of taking.
(d) Proof of service and compliance.--Filing of a copy of
the advanced notice and proof of service thereof, together with
the filing of the declaration of taking and security as required
under sections 302 (relating to declaration of taking ) and 303
(relating to security required), shall constitute compliance
with the notice requirements of this section.
(e) Publish advanced notice.--Within 24 hours of issuing its
first advanced notice to proposed condemnees under subsection
(a), an acquiring agency shall post advanced notice on its
publicly accessible Internet website, if available, and at its
principal office location, that includes, at a minimum, the
notices described under subsection (c)(2), (4), (5) and (6).
Amend Bill, page 3, line 5, by striking out "This act" and
inserting
The addition of 26 Pa.C.S. § 717
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See A04211 in
the context
of SB800