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Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 68402. Restrictions as to certain property

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) In addition to the restrictions made by other provisions of this act in particular cases, no township shall, except as provided in subsection (b), exercise the right of eminent domain against land now occupied by any building which was used during the Colonial or Revolutionary period as a place of Assembly by the Council of the Colony of Pennsylvania, the Supreme Executive Council of the Commonwealth of Pennsylvania or the Congress of the United States;  or against the land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary period or any building used as headquarters by the Commander-in-Chief of the Continental Army;  or against the site of any building, fort, redoubt, blockhouse or headquarters, which are preserved for their historic associations and not for private profit.  The Colonial and Revolutionary period is taken as ended on September 3, 1783.

(b) The restriction on eminent domain provided in subsection (a) shall not apply:

(1) if a township in a county of the second class A obtains a statement from the Pennsylvania Historical and Museum Commission or the historical society of the county where the land is situate certifying that the building or other structure, the existence of which would otherwise restrict the township from exercising the right of eminent domain, is not being maintained in a manner appropriate to an historical structure;  and

(2) if the purpose of the acquisition of the land and structures by a township in a county of the second class A is to ensure the preservation and maintenance of the historical site and structure sought to be protected by subsection (a).

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 68402. Restrictions as to certain property - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-53-ps-municipal-and-quasimunicipal-corporations/pa-st-sect-53-68402/

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