Pennsylvania SB 1098: An Act making an appropriation from the General Fund to the Department of State for the fiscal year beginning July 1, 2019, for the purpose of providing mail-in ballot applications and mail-in ballots to qualified electors for the 2020 primary and general elections.

Bill Text

PRINTER'S NO. 1340
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1098
Session of
2025
INTRODUCED BY PHILLIPS-HILL, MALONE, J. WARD, CULVER, STEFANO,
DUSH, VOGEL, MILLER AND MASTRIANO, DECEMBER 4, 2025
REFERRED TO STATE GOVERNMENT, DECEMBER 4, 2025
AN ACT
Amending Title 26 (Eminent Domain) of the Pennsylvania
Consolidated Statutes, in procedure to condemn, providing for
advance notice to condemnee; in just compensation and measure
of damages, further providing for measure of damages, for
contiguous tracts and unity of use, for limited reimbursement
of appraisal, attorney and engineering fees and for delay
compensation; and, in special damages for displacement,
further providing for moving and related expenses of
displaced persons.
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:
§ 305.1. Advance notice to condemnee.
(a) Notice before filing.-- At least 30 days before filing a
declaration of taking, the condemnor shall give written notice
to the proposed condemnee, to any mortgagee of record and to any
lienholder of record.
(b) Service.-- Service shall be made in accordance with
section 305(b) (relating to notice to condemnee).
(c) Contents.-- The notice shall include all of the
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following:
(1) A statement that the condemnor intends to file a
declaration of taking for the acquisition of all or part of
the property not less than 30 days from the date of the
notice.
(2) The name, mailing address, telephone number and
email address for a representative of the condemnor.
(3) The name of the proposed condemnee to whom the
proposed condemnation is directed.
(4) A statement that all or a portion of the property
may be condemned for the condemnor's project.
(5) A description of the area proposed to be condemned
sufficient for identification and an engineering or survey
plan sheet showing the area in relation to nearby
improvements.
(6) A brief description of the purpose of the proposed
condemnation, including the condemnor's proposed project.
(7) A brief explanation of eminent domain practice in
this Commonwealth, including:
(i) what eminent domain is;
(ii) the rights of a condemnee, including the
ability to retain counsel;
(iii) that counsel in these matters may be engaged
on a contingent fee basis;
(iv) the availability and limits of reimbursement
for appraisal, attorney and engineering fees under
section 710 (relating to limited reimbursement of
appraisal, attorney and engineering fees), and that the
condemnor may pay such fees directly, in its discretion
and consistent with Federal and State law;
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(v) how just compensation is determined and secured;
(vi) the next procedural steps if a declaration of
taking is filed; and
(vii) how to raise preliminary objections under
section 306 (relating to preliminary objections),
including challenges to the power or right to condemn,
the sufficiency of the security, the procedure followed
or the declaration of taking.
(d) Filing, compliance and objections.-- Filing a copy of the
notice and proof of service together with the declaration of
taking and the security required under sections 302 (relating to
declaration of taking) and 303 (relating to security required)
shall constitute compliance with this section. Failure to comply
with this section shall render the declaration of taking
deficient and is a basis to sustain preliminary objections under
section 306(a)(3)(ii).
(e) Public posting.-- Within 24 hours after issuing the first
notice under subsection (a), the condemnor shall post a notice
on its publicly accessible Internet website, if available, and
at its principal office. The posting shall include, at a
minimum, the information described under subsection (c)(2), (4),
(5) and (6).
Section 2. Section 702 of Title 26 is amended by adding a
subsection to read:
§ 702. Measure of damages.
* * *
(d) Property subject to conservation easement or
agricultural security area.-- If condemned property is subject to
a conservation easement or is designated as an agricultural
security area, any reduction in value attributable solely to the
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easement or designation shall be disregarded when determining
all of the following:
(1) The fair market value of the condemnee's entire
property interest immediately before the condemnation.
(2) The value of the condemnee's property interest
remaining immediately after the condemnation, as affected by
the condemnation.
Section 3. Section 705 of Title 26 is amended to read:
§ 705. Contiguous tracts and unity of use.
Where all or a part of several contiguous tracts in
substantially identical ownership is condemned or a part of
several noncontiguous tra