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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

52 Pa. Code § 69.3103. Eminent domain filing requirements.

§ 69.3103. Eminent domain filing requirements.

 Applicants for eminent domain authority should follow the following requirements and provide the following information as part of the application:

   (1)  Applicants for transmission siting authority should file applications for all known eminent domain authority as separate filings, but simultaneously with the associated transmission siting applications. Testimonial evidence in support of an eminent domain application should be filed with the application. Subsequent eminent domain authority applications should be filed as soon as reasonably known during the course of the transmission siting application.

   (2)  As part of an eminent domain application, the public utility applicant should present, for those properties subject to condemnation at the time the transmission siting application is filed or later in the siting proceeding, the reason for the exercise of condemnation power for each property and the precise location of the affected property. Supporting maps or legal descriptions of the property to be condemned should be supplied to the extent feasible. Submission of information pursuant to this guideline should be consistent with the filing requirements for the exercise of eminent domain powers under 26 Pa.C.S. §  302(b)(5) (relating to declaration of taking).

   (3)  A public utility transmission siting application should include a summary status report for those properties along the proposed transmission route where negotiations for either property acquisition or rights of way/easements may be ongoing. This information should be supplemented as requested by the administrative law judge or the parties during the course of the transmission siting proceeding.


   The provisions of this §  69.3103 adopted December 10, 2010, effective December 11, 2010, 40 Pa.B. 7095.

Cross References

   This section cited in 52 Pa. Code §  69.3101 (relating to scope).

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