Property Ownership
What is a 'declaration of taking' in Pennsylvania eminent domain proceedings?
AThe property owner's formal statement accepting the government's offered compensation
BThe government condemnor's official filing with the court initiating the eminent domain process and vesting title in the condemnor✓ Correct
CA PADEP declaration taking control of contaminated property for remediation
DA judicial declaration establishing ownership after adverse possession
Explanation
Under Pennsylvania's Eminent Domain Code, a condemnor (government body) initiates condemnation by filing a Declaration of Taking with the court of common pleas. Upon filing, title immediately vests in the condemnor and the property owner is entitled to just compensation.
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Key Terms to Know
Eminent Domain
The power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
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