2010 Pennsylvania Code
Title 26 - EMINENT DOMAIN
Chapter 2 - Limitations on Use of Eminent Domain
204 - Eminent domain for private business prohibited.

     § 204.  Eminent domain for private business prohibited.
        (a)  Prohibition.--Except as set forth in subsection (b), the
     exercise by any condemnor of the power of eminent domain to take
     private property in order to use it for private enterprise is
     prohibited.
        (b)  Exception.--Subsection (a) does not apply if any of the
     following apply:
            (1)  (i)  the condemnee consents to the use of the
            property for private enterprise; or
                (ii)  the condemnee does not file or does not prevail
            on preliminary objection filed to a declaration of taking
            for the acquisition of condemnee's property.
            (2)  The property is taken by, to the extent the party
        has the power of eminent domain, transferred or leased to any
        of the following:
                (i)  A public utility or railroad as defined in 66
            Pa.C.S. § 102 (relating to definitions).
                (ii)  A common carrier.
                (iii)  A private enterprise that occupies an
            incidental area within a public project, such as retail
            space, office space, restaurant and food service facility
            or similar incidental area.
            (3)  There is, on or associated with the property taken,
        a threat to public health or safety. This paragraph includes
        the following:
                (i)  Removal of a public nuisance.
                (ii)  Removal of a structure which is:
                    (A)  beyond repair; or
                    (B)  unfit for human habitation or use.
        This paragraph does not include activities and structures for
        which nuisance actions are prohibited under section 4 of the
        act of June 10, 1982 (P.L.454, No.133), referred to as the
        Right-to-Farm Law.
            (4)  The property taken is abandoned.
            (5)  The property taken meets the requirements of section
        205 (relating to blight).
            (6)  The property taken is acquired by a condemnor
        pursuant to section 12.1 of the act of May 24, 1945 (P.L.991,
        No.385), known as the Urban Redevelopment Law.
            (7)  The property taken is acquired for the development
        of low-income and mixed-income housing projects pursuant to
        the act of May 28, 1937 (P.L.955, No.265), known as the
        Housing Authorities Law, or to be developed using financial
        incentives available for the development of low-income and
        mixed-income housing projects under:
                (i)  section 42 of the Internal Revenue Code of 1986
            (Public Law 99-514, 26 U.S.C. § 42);
                (ii)  the Housing and Community Development Act of
            1974 (Public Law 93-383, 88 Stat. 633);
                (iii)  the Cranston-Gonzalez National Affordable
            Housing Act (Public Law 101-625, 42 U.S.C. § 12701 et
            seq.);
                (iv)  53 Pa.C.S. Ch. 60 (relating to optional
            affordable housing funding);
                (v)  the Brownfields for Housing and Redevelopment
            Assistance programs of the Department of Community and
            Economic Development;
                (vi)  the Homeownership Choice Program and the
            PennHOMES Program of the Pennsylvania Housing Finance
            Agency; and
                (vii)  any successor program to a program under this
            paragraph.
            (8)  The property taken is acquired pursuant to the act
        of June 25, 1999 (P.L.179, No.24), known as the Economic
        Development Eminent Domain Law, in order to allow for the
        removal of blighted properties within the borders of a former
        military facility located in a county of the second class A.
            (9)  The property is used or to be used for any road,
        street, highway, trafficway or for property to be acquired to
        provide access to a public thoroughfare for a property which
        would be otherwise inaccessible as the result of the use of
        eminent domain or for ingress, egress or parking of motor
        vehicles.

        Cross References.  Section 204 is referred to in section 207
     of this title.

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