Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 705. Condemnation of property

The department shall have power to acquire any lands, easements, rights-of-way, franchises and other property, deemed necessary for the construction of any of its public works or improvements provided for in this act by condemnation proceedings, and shall have power to enter upon, take possession of, and occupy such property deemed necessary for such purposes. The proceedings for the condemnation of property and for the assessment of damages shall be in accordance with the provisions of the act, approved the fifteenth day of July, one thousand nine hundred nineteen (Pamphlet Laws 976), entitled “An act to authorize the Board of Commissioners of Public Grounds and Buildings to acquire property for the Commonwealth by proceedings in eminent domain, where the purchase of such property has either been authorized by law or determined by the Board of Commissioners of Public Grounds and Buildings under existing laws, and an appropriation made therefor,” its amendments and supplements,  1 except that the department shall have the right to immediate possession of the property upon paying into the court of common pleas of the county wherein the property is situated, upon the department's petition to such court for leave so to do, the value of the property as determined by the department's appraisers: Provided, however, That any property owner who believes the amount tendered insufficient to fully compensate him may accept the same under protest and without prejudice to his right to apply for the appointment of a board of view to assess the damages claimed. Upon application for the appointment of a board of view the court of the proper county, or any law judge thereof in vacation, shall appoint three discreet and disinterested free-holders of the county as viewers. If the owner, lessee or occupier of any of such property shall refuse to remove therefrom, or give up possession thereof, the department may proceed to obtain possession in the manner now provided by law.