How is just compensation calculated for a utility easement on estate property in North Carolina? - Pennsylvania
The Short Answer
In Pennsylvania, compensation for a utility easement imposed through eminent domain is typically calculated using a “before-and-after” fair market value approach: the value of the entire property interest immediately before the taking versus the value of what remains immediately after, considering the easement’s impact. If the property is part of an estate, the compensation is still based on the property’s market impact—then it must be properly handled and distributed through the estate process.
What Pennsylvania Law Says
When a utility acquires an easement through condemnation (a partial taking), Pennsylvania law generally measures just compensation by the reduction in the property’s fair market value caused by the easement. This is not limited to the square footage inside the easement; it can include how the easement affects the remainder of the parcel (for example, restrictions on building, access issues, or market stigma), as reflected in the after-taking value.
The Statute
The primary law governing this issue is 26 Pa.C.S. § 702.
This statute establishes that just compensation is the difference between the fair market value of the entire property interest immediately before the condemnation and the fair market value of the property interest remaining immediately after the condemnation.
Related provisions also matter in easement/partial-taking cases, including the definition of fair market value in 26 Pa.C.S. § 703 and how the condemnor’s intended use can affect the “after value” in 26 Pa.C.S. § 706.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Eminent domain matters move on statutory timelines, and missing a challenge window can limit your leverage and recovery.
- Burden of Proof: The estate (through its personal representative and counsel) may need strong valuation evidence showing how the easement actually reduces fair market value, including impacts to the remainder of the property.
- Exceptions: Partial-taking valuation can involve disputes over what impacts are legally compensable, and whether claimed “benefits” from the project can offset damages under 26 Pa.C.S. § 706.
Estate-owned property adds another layer: who has authority to negotiate or litigate, how proceeds are deposited/paid, and how compensation is allocated among heirs, creditors, or lienholders. For more background on easement disputes in Pennsylvania probate contexts, you may also find this helpful: Can I Modify or Remove a Lifetime Easement After a Property Division Creates Unexpected Costs in Pennsylvania?.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.