Beyond the commonwealth agencies such as PennDOT and the Turnpike Commission that frequently exercise the power of eminent domain, there are a number of political subdivisions, authorities and public utilities with that power.

Municipalities

Generally, Pennsylvania municipalities have the right to condemn land within their borders. While the process of condemnation for each type of municipality may slightly differ (i.e., Third Class City versus Second Class Township), Article IX, Section 2 of the Pennsylvania Constitution provides, in relevant part: “Municipalities shall have the right and power to frame and adopt home rule charters. … A municipality that has a home rule charter may exercise any power or perform any function not denied by this Constitution, by its home rule charter or by the General Assembly at any time.” See 53 Pa.C.S. Section 2961. A home rule municipality in Pennsylvania is one incorporated under its own unique charter, created pursuant to the state’s Home Rule and Optional Plans Law and approved by referendum. All three types of municipalities (cities, boroughs and townships) may become a home rule municipality.