Welcome

Government

Emrgcy Services

Community

Web

Second Class Township Code

 

Article XXXIV

Eminent Domain; Assessment Of Damages And Benefits

 

Section 3401. Scope of Article.

 

When the right of eminent domain or the ascertainment and assessment of damages and benefits in viewer proceedings is exercised by a township, the proceeding shall be as set forth in this article. In addition to any of the provisions of this act, all eminent domain proceedings shall conform to the act of June 22, 1964 (Sp.Sess., P.L. 84, No. 6), known as the "Eminent Domain Code."

 

Section 3402. Restrictions as to Certain Property.

 

(a) In addition to the restrictions made by other provisions of this act in particular cases, no township shall, except as provided in subsection (b), exercise the right of eminent domain against land now occupied by any building which was used during the Colonial or Revolutionary period as a place of Assembly by the Council of the Colony of Pennsylvania, the Supreme Executive Council of the Commonwealth of Pennsylvania or the Congress of the United States; or against the land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary period or any building used as headquarters by the Commander-in-Chief of the Continental Army; or against the site of any building, fort, redoubt, blockhouse or headquarters, which are preserved for their historic associations and not for private profit. The Colonial and Revolutionary period is taken as ended on September 3, 1783.

 

(b) The restriction on eminent domain provided in subsection (a) shall not apply:

 

(1) if a township in a county of the second class A obtains a statement from the Pennsylvania Historical and Museum Commission or the historical society of the county where the land is situate certifying that the building or other structure, the existence of which would otherwise restrict the township from exercising the right of eminent domain, is not being maintained in a manner appropriate to an historical structure; and

 

(2) if the purpose of the acquisition of the land and structures by a township in a county of the second class A is to ensure the preservation and maintenance of the historical site and structure sought to be protected by subsection (a).

 

Section 3403. Value of Land or Property Not to be Assessed as Benefits.

 

In the appropriation of land or property for public use, other than for roads, it is not lawful to assess any portion of the damage done to or value of the land or property so appropriated against the other property adjoining or in the vicinity of the land or property so appropriated.

 

Section 3404. Title Acquired.

 

When land or property is taken under eminent domain proceedings, other than for road purposes, or is acquired by gift, purchase or otherwise, the title obtained by the township is in fee simple. In particular instances, a different title may by agreement be acquired.

 

Section 3405. Assessment of Damages and Benefits.

 

The damages may be paid in whole or in part by the township or may be assessed in whole or in part upon the property benefited. In the latter case, the viewers, having first determined the damages apart from the benefits, shall assess the total cost of the improvement, or so much thereof as may be just and reasonable, upon the properties peculiarly benefited, including in the assessment all parties for which damages have been allowed, and shall report the findings to the court. The total assessment for benefits shall not exceed the total damages awarded or agreed upon.

 

Section 3406. Assessment Awards.

 

In proceedings to assess damages and benefits, if the land or property is both benefited and damaged by the improvements, the excess of damages over benefits or the excess of benefits over damages, or nothing if the benefits and damages are equal, shall be awarded to or assessed against the owner of land or property affected thereby.

 

Section 3407. Assessments to Bear Interest.

 

All assessments for benefits and costs shall bear interest at six percent annually from the expiration of thirty days alter they have been finally ascertained and shall be payable to the township treasurer.