Pennsylvania Statutes Title 36 P.S. Highways and Bridges § 653h. Condemnation, acquiring property by; entry upon land for surveys; leases or grants from municipalities and public agencies

Whenever a reasonable price cannot be agreed upon, or whenever the owner is legally incapacitated, or is absent, or is unable to convey valid title, or is unknown, the commission is hereby authorized and empowered to acquire by condemnation, in the manner hereinafter provided, any lands, property rights, rights of way, franchises, easements and other property deemed necessary or convenient for the construction or the efficient operation of the turnpike or necessary in the restoration of public or private property damaged or destroyed. Title to any property condemned by the commission shall be taken in the name of the commission. Prior to physical entry upon the land the commission shall be under no obligation to accept and pay for any property condemned or any costs incidental to any condemnation proceedings: Provided, however, That in any condemnation proceedings the court having jurisdiction of the suit, action or proceeding may make such orders as may be just to the commission and to the owners of the property to be condemned and may require an undertaking or other security to secure such owners against any loss or damage by reason of the failure of the commission to enter upon, accept and pay for the property, but neither such undertaking or security nor any act or obligation of the commission shall impose any liability upon the Commonwealth, except such as may be paid from the funds provided under the authority of this act.

All counties, cities, boroughs, townships and other political subdivisions and municipalities and all public agencies and commissions of the Commonwealth of Pennsylvania, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the commission upon its request upon such terms and conditions as the proper authorities of such counties, cities, boroughs, townships, other political subdivisions and municipalities or public agencies and commissions of the Commonwealth of Pennsylvania may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the commission, including public roads and other real property already devoted to public use.