Eminent domain is the government's power to take private property for public use — provided it pays "just compensation" as guaranteed by both the U.S. Constitution (Fifth Amendment) and the Pennsylvania Constitution (Article I, § 10). In Bucks County, condemnations arise most frequently from road widening projects, utility easements, school district expansion, and township infrastructure improvements.
The condemning authority (PennDOT, a township, a school district, or a utility with the power of eminent domain) must first make a good faith offer to purchase the property or interest needed. If the owner doesn't accept, the authority files a Declaration of Taking with the Bucks County Prothonotary, which transfers title immediately upon filing and payment of estimated just compensation into court.
Just compensation means fair market value — what a willing buyer would pay a willing seller. But the calculation is often more complex than a simple appraisal:
You are not required to accept the government's first offer. Property owners have the right to obtain their own appraisal, challenge the amount of compensation before the Bucks County Board of View (a three-member panel that assesses damages), and appeal the board's determination to the Court of Common Pleas for a jury trial.
⚠ Act Quickly
Once a Declaration of Taking is filed, the government already owns your property. Your only remaining right is to challenge the amount of compensation, not the taking itself. If you receive notice that condemnation is being considered, consult an attorney immediately — before the offer stage, you may be able to negotiate a better deal or challenge whether the taking serves a legitimate public use.
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