Pennsylvania § 306 - Preliminary objections.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 306 — Preliminary objections., with citation guidance and answers to common questions.
§ 306. Preliminary objections.
(a) Filing and exclusive method of challenging certain matters.--
(1) Within 30 days after being served with notice of condemnation, the condemnee may file preliminary objections to the declaration of taking.
(2) The court upon cause shown may extend the time for filing preliminary objections.
(3) Preliminary objections shall be limited to and shall be the exclusive method of challenging:
(i) The power or right of the condemnor to appropriate the condemned property unless it has been previously adjudicated.
(ii) The sufficiency of the security.
(iii) The declaration of taking.
(iv) Any other procedure followed by the condemnor.
(b) Waiver.--Failure to raise by preliminary objections the issues listed in subsection (a) shall constitute a waiver. Issues of compensation may not be raised by preliminary objections.
(c) Grounds to be stated.--Preliminary objections shall state specifically the grounds relied on.
(d) When raised.--All preliminary objections shall be raised at one time and in one pleading. They may be inconsistent.
(e) Service.--The condemnee shall serve a copy of the preliminary objections on the condemnor within 72 hours after filing them.
(f) Disposition.--
(1) The court shall determine promptly all preliminary objections and make preliminary and final orders and decrees as justice shall require, including the revesting of title.
(2) If an issue of fact is raised, the court shall take evidence by depositions or otherwise.
(3) The court may allow amendment or direct the filing of a more specific declaration of taking.
(g) Costs and expenses.--
(1) If preliminary objections which have the effect of terminating the condemnation are sustained, the condemnor shall reimburse the condemnee for reasonable appraisal, attorney and engineering fees and other costs and expenses actually incurred because of the condemnation proceedings.
(2) The court shall assess costs and expenses under this subsection.
Cross References. Section 306 is referred to in sections 303, 307, 308, 519, 710 of this title.
Frequently Asked Questions About Pennsylvania § 306
What does Pennsylvania Consolidated Statutes § 306 cover?
Section 306 ("Preliminary objections.") 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 § 306?
A common citation format is "Pennsylvania Consolidated Statutes § 306" (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 § 306 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.