James C. Sargent, Jr., left, and Katherine E. LaDow, right, of Lamb McErlane. Courtesy photos James C. Sargent, Jr., left, and Katherine E. LaDow, right, of Lamb McErlane. Courtesy photos

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Preliminary Objections: Challenging the Declaration of Taking

The condemnee has a limited ability to challenge the governmental taking of his property. Pennsylvania's Eminent Domain Code (the code), gives the condemnee the right to oppose a condemner's declaration by filing with the court of common pleas a legal document called "preliminary objections." Preliminary objections must be filed within 30 days after the date when the condemnee was served with notice of the condemnation. See generally, 26 Pa.C.S.A, Section 306.