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Pennsylvania Landowner Rights — Eminent Domain & Right-of-Way

Pennsylvania Landowners: Protect Your Rights Under the Eminent Domain Code

PennDOT highway condemnations, the world’s densest Marcellus Shale pipeline network, PPL and PECO transmission infrastructure, expanding solar and wind projects, and growing Philadelphia-area data center demand are all driving ROW acquisitions across Pennsylvania. National ROW fights for maximum just compensation under 26 Pa.C.S.

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Pennsylvania Eminent Domain Law Overview

Pennsylvania eminent domain is governed by the Pennsylvania Eminent Domain Code, 26 Pa.C.S. Pennsylvania’s procedure is unique: the condemning authority files a declaration of taking in Court of Common Pleas, at which point title and possession immediately transfer. Landowners have six years to file a petition for appointment of viewers to determine compensation. Understanding these timelines is critical to preserving your rights.

★ Pennsylvania Board of Viewers Process

Under 26 Pa.C.S., after the declaration of taking is filed, either party can petition the court to appoint a board of viewers (typically three attorneys) to hear evidence and determine just compensation. Either party may appeal the viewers’ award to the Court of Common Pleas for a full jury trial de novo. Acting within the statutory timelines is essential to protecting your right to full compensation.

PennDOT Highway Condemnation

The Pennsylvania Department of Transportation (PennDOT) acquires right-of-way for Interstate improvements, US and PA route expansions, and bridge replacement projects across all engineering districts statewide. Major active corridors include I-81, I-78, I-79, I-376 (Mon-Fayette), and the PA Turnpike system. PennDOT files declarations of taking that immediately transfer title and possession — making early engagement with a right-of-way professional critical to preserving your compensation rights.

I-81 CorridorI-78 Lehigh ValleyMon-Fayette ExpresswayPA TurnpikeI-79 PittsburghUS-422 Berks County

Marcellus Shale Pipeline Easements

Pennsylvania sits atop the Marcellus Shale, the largest natural gas field in North America. The state has one of the densest gathering and transmission pipeline networks in the world. FERC-certificated operators including Tennessee Gas Pipeline, Transcontinental Gas Pipe Line (Transco), and Rover Pipeline hold federal condemnation authority. Midstream gathering operators including EQT, CNX, and Cabot (now Coterra) also acquire easements statewide. Landowners in Pennsylvania’s shale regions have extensive experience with pipeline offers and should know their rights before signing any easement agreement.

PPL, PECO & Electric Transmission

PPL Electric Utilities (serving central and eastern Pennsylvania) and PECO (Exelon) (serving the Philadelphia area) hold condemnation authority for transmission and distribution infrastructure. West Penn Power (FirstEnergy) serves western Pennsylvania. PJM Interconnection’s ongoing transmission expansion plan is driving new high-voltage line construction across the state, including lines to support data center load growth in the Philadelphia suburbs.

Solar & Wind Easements in Pennsylvania

Pennsylvania has growing utility-scale solar development in the southeastern and south-central regions, and wind development concentrated in the Appalachian ridge-and-valley terrain of central Pennsylvania. Solar easement agreements often run 25–40 years and contain provisions that can permanently restrict land use. Wind and solar transmission infrastructure connecting projects to PJM’s grid can involve utility condemnation authority.

Data Center Right-of-Way & Power Infrastructure

The Philadelphia suburban corridor (Chester County, Montgomery County, Delaware County) and areas near Pittsburgh are growing data center markets, driven by proximity to major East Coast financial and enterprise customers. PECO and PPL are constructing new transmission and substation infrastructure to serve this demand, with ROW acquisition programs affecting landowners along suburban corridors in southeastern Pennsylvania.

Philadelphia SuburbsChester CountyPECO Grid ExpansionPPL TransmissionMarcellus Shale PipelinesPJM Expansion

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Frequently Asked Questions — Pennsylvania Eminent Domain

What law governs eminent domain in Pennsylvania?

Pennsylvania eminent domain is governed by the Pennsylvania Eminent Domain Code, 26 Pa.C.S. The condemning authority files a declaration of taking in Court of Common Pleas, which immediately transfers title and possession. Landowners have 6 years to petition for a board of viewers to determine compensation.

What is the board of viewers in Pennsylvania?

Under 26 Pa.C.S., either party can petition the court to appoint a board of viewers — typically three attorneys — to hear evidence and award compensation. Either party may appeal to Court of Common Pleas for a jury trial de novo. Getting experienced representation before the viewers’ hearing is critical.

Does Pennsylvania have data center condemnation activity?

Yes. PECO and PPL are building new transmission infrastructure in the Philadelphia suburban corridor and western Pennsylvania to serve data center demand. These follow 26 Pa.C.S. requirements, and landowners have full rights to just compensation including the board of viewers process.

What is just compensation in Pennsylvania?

Under 26 Pa.C.S., just compensation is the fair market value of the property taken, plus severance damages to the remainder. Pennsylvania also recognizes delay damages for the period between the declaration of taking and final payment.

Know What Your Pennsylvania Property Is Really Worth.

What they offered and what it’s worth are rarely the same number.

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