Pennsylvania § 305 - Notice to condemnee.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 305 — Notice to condemnee., with citation guidance and answers to common questions.
§ 305. Notice to condemnee.
(a) Written notice.--Within 30 days after the filing of the declaration of taking, the condemnor shall give written notice of the filing to the condemnee, to any mortgagee of record and to any lienholder of record.
(b) Service.--
(1) The notice shall be served, within or without this Commonwealth, by any competent adult in the same manner as in a civil action or by registered mail to the last known address of the person being served.
(2) If service cannot be made in the manner set forth under paragraph (1), then service shall be made by posting a copy of the notice upon the most public part of the property and by publication of a copy of the notice, omitting the plot plan required by subsection (c)(9), one time each in one newspaper of general circulation and the legal journal, if any, published in the county.
(c) Contents.--The notice to be given the condemnee shall state:
(1) The caption of the case.
(2) The date of filing of the declaration of taking and the court term and number.
(3) The name of the condemnee to whom it is directed.
(4) The name and address of the condemnor.
(5) A specific reference to the statute and section under which the condemnation action is authorized.
(6) A specific reference to the action, whether by ordinance, resolution or otherwise, by which the declaration of taking was authorized, including the date when the action was taken and the place where the record may be examined.
(7) A brief description of the purpose of the condemnation.
(8) A statement that the condemnee's property has been condemned and a reasonable identification of the property.
(9) In the case of a partial taking, a plot plan showing the condemnee's entire property and the area taken.
(10) A statement of the nature of the title acquired.
(11) A statement specifying where a plan showing the condemned property may be inspected in the county in which the property taken is located.
(12) A statement of how just compensation has been made or secured.
(13) A statement that, if the condemnee wishes to challenge the power or the right of the condemnor to appropriate the condemned property, the sufficiency of the security, the procedure followed by the condemnor or the declaration of taking, the condemnee must file preliminary objections within 30 days after being served with notice of condemnation.
(d) Compliance.--Service of a copy of the declaration of taking, together with the information and notice required by subsection (c)(2), (8), (9) and (13), shall constitute compliance with the notice requirements of this section.
(e) Proof of service.--The condemnor shall file proof of service of the notice.
Cross References. Section 305 is referred to in section 310 of this title.
Frequently Asked Questions About Pennsylvania § 305
What does Pennsylvania Consolidated Statutes § 305 cover?
Section 305 ("Notice to condemnee.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 305?
A common citation format is "Pennsylvania Consolidated Statutes § 305" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 305 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.