PA EMINENT DOMAIN LAW

If a government entity is attempting to acquire your property, you have reason to be concerned.  Landowners from across Pennsylvania contact us when they are under the threat of a government “taking” under Eminent Domain. This brief article summarizes their most frequent questions into three (3) areas

 that most callers wish to better understand.  

The power of a government to take property is imbedded in both the Fifth Amendment of the United States Constitution, and our Pennsylvania Eminent Domain laws. The most frequent exercises of this power are commenced by agencies such as PennDOT and the Pennsylvania Turnpike Commission. 

However, some political subdivisions, public utilities and other authorities are also vested with Eminent Domain power. Learn about them here. 

  Any government entity attempting to acquire private property is required to pay “Just Compensation”. Simply put, this is the amount of money the acquiring agency offers to pay the landowner. While the word “Just” should mean an offer that is fair, objective and reasonable, many landowners who have received such an ”offer” may disagree.  Learn how compensation is determined here. 

Pennsylvania Eminent Domain law is nothing short of complex. Even properties that seem to have similar characteristics may be affected by different issues to be argued, and different rights to be protected. This short article attempts to summarize the answers to the most frequent questions that our office receives from landowners facing the threat of Eminent Domain.