SENATE AMENDED
PRIOR PRINTER'S NOS. 2831, 3033, 3333, PRINTER'S NO. 3821
3763
No. 2054 Session of 2005
INTRODUCED BY GRELL, GABIG, CREIGHTON, METCALFE, BALDWIN,
BENNINGHOFF, BOYD, BUXTON, CALTAGIRONE, CLYMER, CRAHALLA,
DENLINGER, FEESE, FICHTER, GEIST, GODSHALL, GOOD, GOODMAN,
HARRIS, HASAY, HERMAN, HERSHEY, HESS, KAUFFMAN, M. KELLER,
KILLION, MACKERETH, MARKOSEK, McILHATTAN, R. MILLER, MUNDY,
NICKOL, O'NEILL, PHILLIPS, PICKETT, PISTELLA, PYLE, REED,
SCHRODER, B. SMITH, S. H. SMITH, SONNEY, STERN, R. STEVENSON,
T. STEVENSON, SURRA, TANGRETTI, E. Z. TAYLOR, TIGUE, TRUE,
TURZAI, DALLY, MAJOR, THOMAS, GINGRICH, SEMMEL, MUSTIO,
PAYNE, ROSS, BUNT, CAPPELLI, QUIGLEY, BASTIAN, STEIL, ELLIS,
RAPP, CAUSER, NAILOR, HENNESSEY, YOUNGBLOOD, FREEMAN,
ROBERTS, PETRARCA, BIRMELIN, MARSICO, HUTCHINSON, BARRAR AND
SIPTROTH, OCTOBER 17, 2005
SENATOR WENGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, APRIL 3, 2006
AN ACT
1 Amending Title 26 (Eminent Domain) of the Pennsylvania <--
2 Consolidated Statutes, providing for limitations on the use
3 of eminent domain; and making a related repeal.
4 AMENDING TITLES 26 (EMINENT DOMAIN), 42 (JUDICIARY AND JUDICIAL <--
5 PROCEDURE) AND 51 (MILITARY AFFAIRS) OF THE PENNSYLVANIA
6 CONSOLIDATED STATUTES, ADDING PROVISIONS RELATING TO EMINENT
7 DOMAIN; AND MAKING RELATED REPEALS.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Title 26 of the Pennsylvania Consolidated <--
11 Statutes is amended by adding a chapter to read:
12 CHAPTER 2
13 LIMITATIONS ON USE OF EMINENT DOMAIN
1 Sec.
2 201. Short title of chapter.
3 202. Definitions.
4 203. Applicability.
5 204. Eminent domain for private business prohibited.
6 205. Eminent domain in redevelopment areas.
7 § 201. Short title of chapter.
8 This chapter shall be known and may be cited as the Property
9 Rights Protection Act.
10 § 202. Definitions.
11 The following words and phrases when used in this chapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Commonwealth agency." As defined in 2 Pa.C.S. § 101
15 (relating to definitions).
16 "Condemnee." A person that owns property subject to the
17 exercise of the power of eminent domain by a condemnor.
18 "Condemnor." Any of the following which is authorized by law
19 to exercise the power of eminent domain:
20 (1) The Commonwealth, a Commonwealth agency or an
21 instrumentality or authority of the Commonwealth.
22 (2) A political subdivision, an agency of a political
23 subdivision or an instrumentality or authority of a political
24 subdivision.
25 (3) A public utility as defined in 66 Pa.C.S. § 102
26 (relating to definitions).
27 (4) A private entity.
28 "Eminent domain." The power of the Commonwealth to take
29 private property for public use in return for reasonable
30 compensation.
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1 "Redevelopment area." As defined in section 3(n) of the act
2 of May 24, 1945 (P.L.991, No.385), known as the Urban
3 Redevelopment Law.
4 § 203. Applicability.
5 (a) Authority.--Except as set forth in subsection (b), the
6 limitations and protections set forth in this chapter apply to
7 the exercise of eminent domain by a condemnor.
8 (b) Exception.--This chapter does not affect any of the
9 following:
10 (1) The jurisdiction or power of the Pennsylvania Public
11 Utility Commission.
12 (2) Any statute providing for the assessment of benefits
13 for public improvement on the properties benefited.
14 § 204. Eminent domain for private business prohibited.
15 (a) Prohibition.--Except as set forth in subsection (b), the
16 exercise by any condemnor of the power of eminent domain to take
17 private property in order to use it for private commercial
18 enterprise is prohibited. The term "private commercial
19 enterprise" shall not include a hospital or medical center that
20 is operated not for profit.
21 (b) Exception.--Subsection (a) does not apply if any of the
22 following apply:
23 (1) The condemnee consents to the use of the property
24 for private commercial enterprise.
25 (2) The property taken is transferred or leased to any
26 of the following:
27 (i) A common carrier as defined in 66 Pa.C.S. § 102
28 (relating to definitions).
29 (ii) A private entity that occupies an incidental
30 area within a public project, such as a retail
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1 establishment on the ground floor of a public building.
2 (3) There is, on or associated with the property taken,
3 a threat to public health or safety. This paragraph includes
4 the following:
5 (i) Removal of a public nuisance.
6 (ii) Removal of a structure which is:
7 (A) beyond repair; or
8 (B) unfit for human habitation or use.
9 (4) The property taken is abandoned.
10 (5) The property taken meets the requirements of section
11 205 (relating to eminent domain in redevelopment areas).
12 § 205. Eminent domain in redevelopment areas.
13 (a) Scope.--This section applies notwithstanding the act of
14 May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment
15 Law.
16 (b) Single property.--For purposes of acquiring a single
17 unit of property by eminent domain, a condemnor is authorized or
18 permitted to declare an area, either within or outside of a
19 redevelopment area, to be blighted only if the property is any
20 of the following:
21 (1) A premises which, because of physical condition or
22 use, is regarded as a public nuisance at common law or has
23 been declared a public nuisance in accordance with the
24 municipality housing, building, plumbing, fire or related
25 codes.
26 (2) A premises which, because of physical condition, use
27 or occupancy, is considered an attractive nuisance to
28 children. This paragraph includes an abandoned:
29 (i) well;
30 (ii) shaft;
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1 (iii) basement;
2 (iv) excavation; or
3 (v) unsafe fence or structure.
4 (3) A dwelling which, because it is dilapidated,
5 unsanitary, unsafe, vermin-infested or lacking in the
6 facilities and equipment required by statute or an applicable
7 municipal code, has been designated by the agency responsible
8 for enforcement of the statute or code as unfit for human
9 habitation.
10 (4) A structure which is a fire hazard or is otherwise
11 dangerous to the safety of persons or property.
12 (5) A structure from which the utilities, plumbing,
13 heating, sewerage or other facilities have been disconnected,
14 destroyed, removed or rendered ineffective so that the
15 property is unfit for its intended use.
16 (6) Any vacant or unimproved lot or parcel of ground in
17 a predominantly built-up neighborhood which, by reason of
18 neglect or lack of maintenance, has become a place for
19 accumulation of trash and debris or a haven for rodents or
20 other vermin.
21 (7) An unoccupied property which has been tax delinquent
22 for a period of two years.
23 (8) A property which is vacant but not tax delinquent
24 and which has not been rehabilitated within one year of the
25 receipt of notice to rehabilitate from the appropriate
26 enforcement agency.
27 (9) An abandoned property. A property shall be
28 considered abandoned under this paragraph if it:
29 (i) is a vacant or unimproved lot or parcel of
30 ground on which a municipal lien for the cost of
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1 demolition of a structure located on the property remains
2 unpaid for a period of six months;
3 (ii) is a vacant property or vacant or unimproved
4 lot or parcel of ground on which the total of municipal
5 liens on the property for tax or other type of claim of
6 the municipality is in excess of 150% of the fair market
7 value of the property as established by the Board of
8 Revisions of Taxes or other body with legal authority to
9 determine the taxable value of the property; or
10 (iii) has been declared abandoned by the owner,
11 including an estate that is in possession of the
12 property.
13 (c) Multiple properties.--For purposes of acquiring multiple
14 units of property by eminent domain, a condemnor is authorized
15 or permitted to declare an area, either within or outside of a
16 redevelopment area, to be blighted only if a majority of the
17 units of property:
18 (1) meet any of the requirements under subsection (b)(1)
19 through (9); and
20 (2) represent a majority of the geographical area.
21 (d) Redesignation.--If a condemnor seeks to add or enlarge a
22 blighted area, it must find that the area meets the requirements
23 of subsection (b) or (c) at the time of the addition or
24 enlargement.
25 (e) Expiration.--The declaration of a blighted area shall
26 expire after ten years.
27 Section 2. Repeals are as follows:
28 (1) The General Assembly declares that the repeal under
29 paragraph (2) is necessary to effectuate the addition of 26
30 Pa.C.S. § 205.
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1 (2) As much of section 2 of the act of May 24, 1945
2 (P.L.991, No.385), known as the Urban Redevelopment Law, as
3 relates to condemnation of blighted areas, is repealed.
4 (3) All other acts and parts of acts are repealed
5 insofar as they are inconsistent with this act.
6 Section 3. This act shall apply to the exercise of the power
7 of eminent domain on or after the effective date of this
8 section.
9 Section 4. This act shall take effect in 60 days.
10 SECTION 1. TITLE 26 OF THE PENNSYLVANIA CONSOLIDATED <--
11 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
12 CHAPTER 2
13 LIMITATIONS ON USE OF EMINENT DOMAIN
14 SEC.
15 201. SHORT TITLE OF CHAPTER.
16 202. DEFINITIONS.
17 203. APPLICABILITY.
18 204. EMINENT DOMAIN FOR PRIVATE BUSINESS PROHIBITED.
19 205. BLIGHT.
20 206. EXTRATERRITORIAL TAKINGS.
21 207. EMINENT DOMAIN OF AGRICULTURAL PROPERTY.
22 § 201. SHORT TITLE OF CHAPTER.
23 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE PROPERTY
24 RIGHTS PROTECTION ACT.
25 § 202. DEFINITIONS.
26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
27 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
28 CONTEXT CLEARLY INDICATES OTHERWISE:
29 "AGRICULTURAL COMMODITY." AS DEFINED UNDER SECTION 2 OF THE
30 ACT OF JUNE 10, 1982 (P.L.454, NO.133), REFERRED TO AS THE
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1 RIGHT-TO-FARM LAW.
2 "AGRICULTURAL OPERATION." A PERSON ENGAGED COMMERCIALLY IN
3 THE PRODUCTION OF AN AGRICULTURAL COMMODITY THAT HAS AN
4 ANTICIPATED YEARLY GROSS INCOME OF AT LEAST $2,000.
5 "AGRICULTURAL PROPERTY." PROPERTY THAT IS OWNED OR OPERATED
6 BY AN AGRICULTURAL OPERATION IN THE COURSE OF THE OPERATION'S
7 PRODUCTION, HARVESTING OR PREPARATION FOR MARKET OF AN
8 AGRICULTURAL COMMODITY. THE TERM ALSO INCLUDES ANY RESIDENTIAL
9 DWELLING OR WOODLOT SITUATED ON THE PROPERTY.
10 "COMMONWEALTH AGENCY." AS DEFINED IN 2 PA.C.S. § 101
11 (RELATING TO DEFINITIONS).
12 "CONDEMNEE." A PERSON THAT OWNS PROPERTY SUBJECT TO THE
13 EXERCISE OF THE POWER OF EMINENT DOMAIN BY A CONDEMNOR.
14 "CONDEMNOR." ANY OF THE FOLLOWING WHICH IS AUTHORIZED BY LAW
15 TO EXERCISE THE POWER OF EMINENT DOMAIN:
16 (1) THE COMMONWEALTH, A COMMONWEALTH AGENCY OR AN
17 INSTRUMENTALITY OR AUTHORITY OF THE COMMONWEALTH.
18 (2) A POLITICAL SUBDIVISION, AN AGENCY OF A POLITICAL
19 SUBDIVISION OR AN INSTRUMENTALITY OR AUTHORITY OF A POLITICAL
20 SUBDIVISION.
21 (3) A PUBLIC UTILITY AS DEFINED IN 66 PA.C.S. § 102
22 (RELATING TO DEFINITIONS).
23 (4) A PRIVATE ENTITY.
24 (5) AN ELECTRICAL COOPERATIVE CORPORATION UNDER 15
25 PA.C.S. CH. 73 (RELATING TO ELECTRIC COOPERATIVE
26 CORPORATIONS).
27 "EMINENT DOMAIN." THE POWER OF THE COMMONWEALTH TO TAKE
28 PRIVATE PROPERTY FOR PUBLIC USE IN RETURN FOR JUST COMPENSATION.
29 "PRIVATE ENTERPRISE." A FOR-PROFIT OR NOT-FOR-PROFIT ENTITY
30 OR ORGANIZATION. THIS TERM DOES NOT INCLUDE ANY ENTITY OR
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1 ORGANIZATION THAT MEETS THE DEFINITION OF AN INSTITUTION OF
2 PURELY PUBLIC CHARITY PURSUANT TO THE ACT OF NOVEMBER 26, 1997
3 (P.L.508, NO.55), KNOWN AS THE INSTITUTIONS OF PURELY PUBLIC
4 CHARITY ACT.
5 "REDEVELOPMENT AREA." AS DEFINED IN SECTION 3(N) OF THE ACT
6 OF MAY 24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN
7 REDEVELOPMENT LAW.
8 "UNIT OF PROPERTY." A PARCEL OF REAL ESTATE OR CONDOMINIUM
9 UNIT, INCLUDING ANY INTEREST IN COMMON ELEMENTS WITH
10 IMPROVEMENTS THEREON, IF ANY, THAT IS IDENTIFIED BY A LEGAL
11 DESCRIPTION IN A RECORDED DEED OR A TAX IDENTIFICATION NUMBER.
12 § 203. APPLICABILITY.
13 (A) AUTHORITY.--EXCEPT AS SET FORTH IN SUBSECTION (B), THE
14 LIMITATIONS AND PROTECTIONS SET FORTH IN THIS CHAPTER APPLY TO
15 THE EXERCISE OF EMINENT DOMAIN BY A CONDEMNOR.
16 (B) EXCEPTION.--THIS CHAPTER DOES NOT AFFECT ANY OF THE
17 FOLLOWING:
18 (1) THE JURISDICTION OR POWER OF THE PENNSYLVANIA PUBLIC
19 UTILITY COMMISSION.
20 (2) ANY STATUTE PROVIDING FOR THE ASSESSMENT OF BENEFITS
21 FOR PUBLIC IMPROVEMENT ON THE PROPERTIES BENEFITED.
22 (3) THE JURISDICTION OR POWER OF THE PHILADELPHIA
23 REGIONAL PORT AUTHORITY TO EXERCISE EMINENT DOMAIN WITHIN A
24 DESIGNATED PORT ZONE FOR A PORT FACILITY AS DEFINED IN THE
25 ACT OF JULY 10, 1989 (P.L.291, NO.50), KNOWN AS THE
26 PHILADELPHIA REGIONAL PORT AUTHORITY ACT.
27 (4) THE EXERCISE OF EMINENT DOMAIN WITHIN A CITY OF THE
28 FIRST OR SECOND CLASS IN AREAS THAT WERE CERTIFIED, ON OR
29 BEFORE THE EFFECTIVE DATE OF THIS CHAPTER, AS BLIGHTED UNDER
30 SECTION 2 OF THE ACT OF MAY 24, 1945 (P.L.991, NO.385), KNOWN
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1 AS THE URBAN REDEVELOPMENT LAW. THIS PARAGRAPH SHALL EXPIRE
2 DECEMBER 31, 2012.
3 (5) THE EXERCISE OF EMINENT DOMAIN BY A HOME RULE COUNTY
4 OF THE SECOND CLASS A, OR A MUNICIPALITY LOCATED THEREIN, IN
5 AREAS THAT WERE CERTIFIED, ON OR BEFORE THE EFFECTIVE DATE OF
6 THIS CHAPTER, AS BLIGHTED UNDER SECTION 2 OF THE URBAN
7 REDEVELOPMENT LAW. THIS PARAGRAPH SHALL EXPIRE DECEMBER 31,
8 2012.
9 (C) CONSTRUCTION.--NOTHING IN THIS CHAPTER SHALL BE DEEMED
10 TO EXPAND OR ENLARGE THE POWER OF A CONDEMNOR TO UTILIZE EMINENT
11 DOMAIN.
12 § 204. EMINENT DOMAIN FOR PRIVATE BUSINESS PROHIBITED.
13 (A) PROHIBITION.--EXCEPT AS SET FORTH IN SUBSECTION (B), THE
14 EXERCISE BY ANY CONDEMNOR OF THE POWER OF EMINENT DOMAIN TO TAKE
15 PRIVATE PROPERTY IN ORDER TO USE IT FOR PRIVATE ENTERPRISE IS
16 PROHIBITED.
17 (B) EXCEPTION.--SUBSECTION (A) DOES NOT APPLY IF ANY OF THE
18 FOLLOWING APPLY:
19 (1) (I) THE CONDEMNEE CONSENTS TO THE USE OF THE
20 PROPERTY FOR PRIVATE ENTERPRISE; OR
21 (II) THE CONDEMNEE DOES NOT FILE OR DOES NOT PREVAIL
22 ON PRELIMINARY OBJECTION FILED TO A DECLARATION OF TAKING
23 FOR THE ACQUISITION OF CONDEMNEE'S PROPERTY.
24 (2) THE PROPERTY IS TAKEN BY, TO THE EXTENT THE PARTY
25 HAS THE POWER OF EMINENT DOMAIN, TRANSFERRED OR LEASED TO ANY
26 OF THE FOLLOWING:
27 (I) A COMMON CARRIER, PUBLIC UTILITY OR RAILROAD AS
28 DEFINED IN 66 PA.C.S. § 102 (RELATING TO DEFINITIONS).
29 (II) A PRIVATE ENTITY THAT OCCUPIES AN INCIDENTAL
30 AREA WITHIN A PUBLIC PROJECT, SUCH AS RETAIL SPACE,
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1 OFFICE SPACE, RESTAURANT AND FOOD SERVICE FACILITY OR
2 SIMILAR PRIVATE ENTITY.
3 (3) THERE IS, ON OR ASSOCIATED WITH THE PROPERTY TAKEN,
4 A THREAT TO PUBLIC HEALTH OR SAFETY. THIS PARAGRAPH INCLUDES
5 THE FOLLOWING:
6 (I) REMOVAL OF A PUBLIC NUISANCE.
7 (II) REMOVAL OF A STRUCTURE WHICH IS:
8 (A) BEYOND REPAIR; OR
9 (B) UNFIT FOR HUMAN HABITATION OR USE.
10 (4) THE PROPERTY TAKEN IS ABANDONED.
11 (5) THE PROPERTY TAKEN MEETS THE REQUIREMENTS OF SECTION
12 205 (RELATING TO BLIGHT).
13 (6) THE PROPERTY TAKEN IS ACQUIRED BY A CONDEMNOR
14 PURSUANT TO SECTION 12.1 OF THE ACT OF MAY 24, 1945 (P.L.991,
15 NO.385), KNOWN AS THE URBAN REDEVELOPMENT LAW.
16 (7) THE PROPERTY TAKEN IS ACQUIRED FOR THE DEVELOPMENT
17 OF LOW-INCOME AND MIXED-INCOME HOUSING PROJECTS PURSUANT TO
18 THE ACT OF MAY 28, 1937 (P.L.955, NO.265), KNOWN AS THE
19 HOUSING AUTHORITIES LAW, OR TO BE DEVELOPED USING FINANCIAL
20 INCENTIVES AVAILABLE FOR THE DEVELOPMENT OF LOW-INCOME AND
21 MIXED-INCOME HOUSING PROJECTS UNDER:
22 (I) SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986
23 (PUBLIC LAW 99-514, 26 U.S.C. § 42);
24 (II) THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
25 1974 (PUBLIC LAW 93-383, 88 STAT. 633);
26 (III) THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE
27 HOUSING ACT (PUBLIC LAW 101-625, 42 U.S.C. § 12701 ET
28 SEQ.);
29 (IV) 53 PA.C.S. CH. 60 (RELATING TO OPTIONAL
30 AFFORDABLE HOUSING FUNDING);
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1 (V) THE BROWNFIELDS FOR HOUSING AND REDEVELOPMENT
2 ASSISTANCE PROGRAMS OF THE DEPARTMENT OF COMMUNITY AND
3 ECONOMIC DEVELOPMENT;
4 (VI) THE HOMEOWNERSHIP CHOICE PROGRAM OF THE
5 PENNSYLVANIA HOUSING FINANCE AGENCY; AND
6 (VII) ANY SUCCESSOR PROGRAM TO A PROGRAM UNDER THIS
7 PARAGRAPH.
8 (8) THE PROPERTY TAKEN IS ACQUIRED PURSUANT TO THE ACT
9 OF JUNE 25, 1999 (P.L.179, NO.24), KNOWN AS THE ECONOMIC
10 DEVELOPMENT EMINENT DOMAIN LAW IN ORDER TO ALLOW FOR THE
11 REMOVAL OF BLIGHTED PROPERTIES WITHIN THE BORDERS OF A FORMER
12 MILITARY FACILITY LOCATED IN A COUNTY OF THE SECOND CLASS A.
13 (9) THE PROPERTY IS USED OR TO BE USED FOR ANY ROAD,
14 STREET, HIGHWAY, TRAFFICWAY OR FOR PROPERTY TO BE ACQUIRED TO
15 PROVIDE ACCESS TO A PUBLIC THOROUGHFARE FOR A PROPERTY WHICH
16 WOULD BE OTHERWISE INACCESSIBLE AS THE RESULT OF THE USE OF
17 EMINENT DOMAIN OR FOR INGRESS, EGRESS OR PARKING OF MOTOR
18 VEHICLES.
19 § 205. BLIGHT.
20 (A) SCOPE.--THIS SECTION APPLIES NOTWITHSTANDING THE ACT OF
21 MAY 24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT
22 LAW.
23 (B) SINGLE PROPERTY.--FOR PURPOSES OF ACQUIRING A SINGLE
24 UNIT OF PROPERTY BY EMINENT DOMAIN, A CONDEMNOR IS AUTHORIZED OR
25 PERMITTED TO DECLARE A PROPERTY, EITHER WITHIN OR OUTSIDE OF A
26 REDEVELOPMENT AREA, TO BE BLIGHTED ONLY IF THE PROPERTY IS ANY
27 OF THE FOLLOWING:
28 (1) A PREMISES WHICH, BECAUSE OF PHYSICAL CONDITION OR
29 USE, IS REGARDED AS A PUBLIC NUISANCE AT COMMON LAW OR HAS
30 BEEN DECLARED A PUBLIC NUISANCE IN ACCORDANCE WITH THE
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1 MUNICIPALITY HOUSING, BUILDING, PLUMBING, FIRE OR RELATED
2 CODES.
3 (2) A PREMISES WHICH, BECAUSE OF PHYSICAL CONDITION, USE
4 OR OCCUPANCY, IS CONSIDERED AN ATTRACTIVE NUISANCE TO
5 CHILDREN. THIS PARAGRAPH INCLUDES AN ABANDONED:
6 (I) WELL;
7 (II) SHAFT;
8 (III) BASEMENT;
9 (IV) EXCAVATION; OR
10 (V) UNSAFE FENCE OR STRUCTURE.
11 (3) A DWELLING WHICH, BECAUSE IT IS DILAPIDATED,
12 UNSANITARY, UNSAFE, VERMIN-INFESTED OR LACKING IN THE
13 FACILITIES AND EQUIPMENT REQUIRED BY STATUTE OR AN APPLICABLE
14 MUNICIPAL CODE, HAS BEEN DESIGNATED BY THE AGENCY RESPONSIBLE
15 FOR ENFORCEMENT OF THE STATUTE OR CODE AS UNFIT FOR HUMAN
16 HABITATION.
17 (4) A STRUCTURE WHICH IS A FIRE HAZARD OR IS OTHERWISE
18 DANGEROUS TO THE SAFETY OF PERSONS OR PROPERTY.
19 (5) A STRUCTURE FROM WHICH THE UTILITIES, PLUMBING,
20 HEATING, SEWERAGE OR OTHER FACILITIES HAVE BEEN DISCONNECTED,
21 DESTROYED, REMOVED OR RENDERED INEFFECTIVE SO THAT THE
22 PROPERTY IS UNFIT FOR ITS INTENDED USE.
23 (6) ANY VACANT OR UNIMPROVED LOT OR PARCEL OF GROUND IN
24 A PREDOMINANTLY BUILT-UP NEIGHBORHOOD WHICH, BY REASON OF
25 NEGLECT OR LACK OF MAINTENANCE, HAS BECOME A PLACE FOR
26 ACCUMULATION OF TRASH AND DEBRIS OR A HAVEN FOR RODENTS OR
27 OTHER VERMIN.
28 (7) AN UNOCCUPIED PROPERTY WHICH HAS BEEN TAX DELINQUENT
29 FOR A PERIOD OF TWO YEARS.
30 (8) A PROPERTY WHICH IS VACANT BUT NOT TAX DELINQUENT
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1 AND WHICH HAS NOT BEEN REHABILITATED WITHIN ONE YEAR OF THE
2 RECEIPT OF NOTICE TO REHABILITATE FROM THE APPROPRIATE
3 ENFORCEMENT AGENCY.
4 (9) AN ABANDONED PROPERTY. A PROPERTY SHALL BE
5 CONSIDERED ABANDONED UNDER THIS PARAGRAPH IF IT:
6 (I) IS A VACANT OR UNIMPROVED LOT OR PARCEL OF
7 GROUND ON WHICH A MUNICIPAL LIEN FOR THE COST OF
8 DEMOLITION OF A STRUCTURE LOCATED ON THE PROPERTY REMAINS
9 UNPAID FOR A PERIOD OF SIX MONTHS;
10 (II) IS A VACANT PROPERTY OR VACANT OR UNIMPROVED
11 LOT OR PARCEL OF GROUND ON WHICH THE TOTAL OF MUNICIPAL
12 LIENS ON THE PROPERTY FOR TAX OR OTHER TYPE OF CLAIM OF
13 THE MUNICIPALITY IS IN EXCESS OF 150% OF THE FAIR MARKET
14 VALUE OF THE PROPERTY AS ESTABLISHED BY THE BOARD OF
15 REVISIONS OF TAXES OR OTHER BODY WITH LEGAL AUTHORITY TO
16 DETERMINE THE TAXABLE VALUE OF THE PROPERTY; OR
17 (III) HAS BEEN DECLARED ABANDONED BY THE OWNER,
18 INCLUDING AN ESTATE THAT IS IN POSSESSION OF THE
19 PROPERTY.
20 (10) A PROPERTY WHICH HAS DEFECTIVE OR UNUSUAL
21 CONDITIONS OF TITLE OR NO KNOWN OWNERS RENDERING TITLE
22 UNMARKETABLE.
23 (11) A PROPERTY WHICH HAS ENVIRONMENTALLY HAZARDOUS
24 CONDITIONS, SOLID WASTE POLLUTION OR CONTAMINATION IN A
25 BUILDING OR ON THE LAND WHICH POSES A DIRECT AND IMMEDIATE
26 THREAT TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.
27 (12) A PROPERTY HAVING THREE OR MORE OF THE FOLLOWING
28 CHARACTERISTICS:
29 (I) HAS UNSAFE OR HAZARDOUS CONDITIONS THAT DO NOT
30 MEET CURRENT USE, OCCUPANCY OR FIRE CODES;
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1 (II) HAS UNSAFE EXTERNAL AND INTERNAL ACCESSWAYS;
2 (III) IS BEING SERVED BY AN UNSAFE PUBLIC STREET OR
3 RIGHT-OF-WAY;
4 (IV) VIOLATES THE APPLICABLE PROPERTY MAINTENANCE
5 CODE ADOPTED BY A MUNICIPALITY AND IS AN IMMEDIATE THREAT
6 TO PUBLIC HEALTH AND SAFETY;
7 (V) IS VACANT;
8 (VI) IS LOCATED IN A REDEVELOPMENT AREA WITH A
9 DENSITY OF AT LEAST 1,000 PEOPLE PER SQUARE MILE OR A
10 REDEVELOPMENT AREA WITH MORE THAN 90% OF THE UNITS OF
11 PROPERTY BEING NONRESIDENTIAL OR A MUNICIPALITY WITH A
12 DENSITY OF AT LEAST 2,500 PEOPLE PER SQUARE MILE.
13 (C) MULTIPLE PROPERTIES.--
14 (1) FOR PURPOSES OF ACQUIRING MULTIPLE UNITS OF PROPERTY
15 BY EMINENT DOMAIN, A CONDEMNOR IS AUTHORIZED OR PERMITTED TO
16 DECLARE AN AREA, EITHER WITHIN OR OUTSIDE OF A REDEVELOPMENT
17 AREA, TO BE BLIGHTED ONLY IF:
18 (I) A MAJORITY OF THE UNITS OF PROPERTY MEET ANY OF
19 THE REQUIREMENTS UNDER SUBSECTION (B) AND REPRESENT A
20 MAJORITY OF THE GEOGRAPHICAL AREA; OR
21 (II) PROPERTIES REPRESENTING A MAJORITY OF THE
22 GEOGRAPHICAL AREA MEET ONE OR MORE OF THE CONDITIONS SET
23 FORTH IN SUBSECTION (B)(1) THROUGH (11) OR SATISFY THE
24 CONDITIONS OF SUBSECTION (B)(12) THAT ARE NECESSARY FOR A
25 CONDEMNOR TO DECLARE THEM BLIGHTED UNDER SUBSECTION (B)
26 AND AT LEAST ONE-THIRD OF THE UNITS OF PROPERTY MEET TWO
27 OR MORE OF THE REQUIREMENTS UNDER SUBSECTION (B)(1)
28 THROUGH (11) OR SATISFY THE CONDITIONS OF SUBSECTION
29 (B)(12) AND ONE OR MORE OF THE REQUIREMENTS UNDER
30 SUBSECTION (B)(1) THROUGH (11).
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1 (2) A CONDEMNOR MAY USE EMINENT DOMAIN TO ACQUIRE ANY
2 UNIT OF PROPERTY WITHIN A BLIGHTED AREA SO DECLARED PURSUANT
3 TO THIS SECTION.
4 (3) PROPERTIES OWNED BY THE CONDEMNOR WITHIN SUCH
5 GEOGRAPHICAL AREA MAY BE INCLUDED IN ANY CALCULATION OF
6 WHETHER SUCH UNITS CONSTITUTE A MAJORITY OF THE GEOGRAPHICAL
7 AREA UNDER THIS SUBSECTION.
8 (4) FOR PURPOSES OF THIS SUBSECTION, A BUILDING
9 CONTAINING MULTIPLE CONDOMINIUM UNITS SHALL BE TREATED AS ONE
10 UNIT OF PROPERTY.
11 (D) REDESIGNATION.--IF A CONDEMNOR SEEKS TO ADD OR ENLARGE A
12 BLIGHTED AREA, IT MUST FIND THAT THE AREA MEETS THE REQUIREMENTS
13 OF SUBSECTION (B) OR (C) AT THE TIME OF THE ADDITION OR
14 ENLARGEMENT.
15 (E) EXPIRATION.--THE DECLARATION OF A BLIGHTED AREA SHALL
16 EXPIRE AFTER 20 YEARS.
17 § 206. EXTRATERRITORIAL TAKINGS.
18 NO POLITICAL SUBDIVISION SHALL EXERCISE EMINENT DOMAIN
19 AUTHORITY AGAINST LAND THAT IS SITUATED IN ANOTHER POLITICAL
20 SUBDIVISION WITHOUT THE APPROVAL BY RESOLUTION OF THE GOVERNING
21 BODY OF THE POLITICAL SUBDIVISION IN WHICH THE LAND IS SITUATED.
22 § 207. EMINENT DOMAIN OF AGRICULTURAL PROPERTY.
23 (A) APPROVAL REQUIRED.--NOTWITHSTANDING ANY PROVISION OF LAW
24 TO THE CONTRARY, APPROVAL BY THE AGRICULTURAL LANDS CONDEMNATION
25 APPROVAL BOARD SHALL BE REQUIRED PRIOR TO AUTHORITY OF ANY
26 AGENCY OF THE COMMONWEALTH OR POLITICAL SUBDIVISION OR MUNICIPAL
27 AUTHORITY TO EXERCISE POWERS OF EMINENT DOMAIN ON AGRICULTURAL
28 PROPERTY. APPROVAL SHALL BE OBTAINED IN ACCORDANCE WITH SECTION
29 13 OF THE ACT OF JUNE 30, 1981 (P.L.128, NO.43), KNOWN AS THE
30 AGRICULTURAL AREA SECURITY LAW.
20050H2054B3821 - 16 -
1 (B) CRITERIA FOR APPROVAL.--IN ADDITION TO THE CRITERIA FOR
2 APPROVAL PRESCRIBED IN OTHER LAWS, THE AGRICULTURAL LANDS
3 CONDEMNATION APPROVAL BOARD SHALL CONSIDER AND DETERMINE WHETHER
4 THE CONDEMNOR IS AUTHORIZED UNDER THIS CHAPTER TO TAKE THE
5 PROPERTY BY EMINENT DOMAIN.
6 (C) DETERMINATION OF BLIGHT.--THE EXERCISE OF EMINENT DOMAIN
7 POWERS BASED ON A CONDITION OF THE AGRICULTURAL PROPERTY SHALL
8 NOT BE AUTHORIZED UNDER SECTION 205 (RELATING TO BLIGHT) UNLESS
9 THE AGRICULTURAL LANDS CONDEMNATION APPROVAL BOARD DETERMINES
10 THE EXERCISE IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF
11 THE COMMUNITY.
12 (D) DISAPPROVAL.--THE AGRICULTURAL LANDS CONDEMNATION
13 APPROVAL BOARD SHALL DISAPPROVE THE PROPOSED CONDEMNATION IF THE
14 BOARD DETERMINES THE CONDEMNOR IS NOT AUTHORIZED UNDER THIS
15 CHAPTER TO TAKE THE AGRICULTURAL PROPERTY BY EMINENT DOMAIN.
16 SECTION 2. REPEALS ARE AS FOLLOWS:
17 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
18 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 26
19 PA.C.S. § 205.
20 (2) AS MUCH OF SECTION 2 OF THE ACT OF MAY 24, 1945
21 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT LAW, AS
22 RELATES TO CONDEMNATION OF BLIGHTED PREMISES AND THAT IS
23 INCONSISTENT WITH THIS ACT, IS REPEALED.
24 (3) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED
25 INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
26 SECTION 3. (A) THIS ACT SHALL APPLY TO THE EXERCISE OF THE
27 POWER OF EMINENT DOMAIN ON OR AFTER THE EFFECTIVE DATE OF THIS
28 SECTION.
29 (B) FOR PROPERTY ACQUIRED PURSUANT TO 26 PA.C.S. § 205, THIS
30 ACT SHALL NOT APPLY TO UNITS OF PROPERTY IDENTIFIED IN A
20050H2054B3821 - 17 -
1 REDEVELOPMENT PROPOSAL APPROVED BY A GOVERNING BODY BEFORE THE
2 EFFECTIVE DATE OF THIS SECTION.
3 SECTION 4. THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
4 SECTION 1. TITLE 26 OF THE PENNSYLVANIA CONSOLIDATED
5 STATUTES IS AMENDED BY ADDING CHAPTERS TO READ:
6 TITLE 26
7 EMINENT DOMAIN
8 CHAPTER
9 1. GENERAL PROVISIONS
10 2. LIMITATIONS ON USE OF EMINENT DOMAIN <--
11 3. PROCEDURE TO CONDEMN
12 5. PROCEDURE FOR DETERMINING DAMAGES
13 7. JUST COMPENSATION AND MEASURE OF DAMAGES
14 9. SPECIAL DAMAGES FOR DISPLACEMENT
15 11. EVIDENCE
16 CHAPTER 1
17 GENERAL PROVISIONS
18 SEC.
19 101. SHORT TITLE OF TITLE.
20 102. APPLICATION OF TITLE.
21 103. DEFINITIONS.
22 § 101. SHORT TITLE OF TITLE. <--
23 THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE EMINENT
24 DOMAIN CODE.
25 § 102. APPLICATION OF TITLE.
26 (A) GENERAL RULE.--THIS TITLE PROVIDES A COMPLETE AND
27 EXCLUSIVE PROCEDURE AND LAW TO GOVERN ALL CONDEMNATIONS OF
28 PROPERTY FOR PUBLIC PURPOSES AND THE ASSESSMENT OF DAMAGES.
29 (B) CONSTRUCTION.--NOTHING IN THIS TITLE SHALL BE CONSTRUED:
30 (1) TO AFFECT THE JURISDICTION OR POWER OF THE
20050H2054B3821 - 18 -
1 PENNSYLVANIA PUBLIC UTILITY COMMISSION OR ANY STATUTE
2 PROVIDING FOR THE ASSESSMENT OF BENEFITS FOR PUBLIC
3 IMPROVEMENTS ON THE PROPERTIES BENEFITED.
4 (2) TO ENLARGE OR DIMINISH THE POWER OF CONDEMNATION
5 GIVEN BY LAW TO ANY CONDEMNOR.
6 (C) EXTRATERRITORIAL TAKINGS.--NO POLITICAL SUBDIVISION
7 SHALL EXERCISE EMINENT DOMAIN AUTHORITY AGAINST LAND THAT IS
8 SITUATED IN ANOTHER POLITICAL SUBDIVISION WITHOUT THE APPROVAL
9 BY RESOLUTION OF THE SOVEREIGN BODY OF THE POLITICAL SUBDIVISION
10 IN WHICH THE LAND IS SITUATED.
11 § 103. DEFINITIONS.
12 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
13 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
14 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
15 USED IN THIS TITLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
16 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
17 "ACQUIRING AGENCY." ANY ENTITY, INCLUDING THE COMMONWEALTH,
18 VESTED WITH THE POWER OF EMINENT DOMAIN BY THE LAWS OF THIS
19 COMMONWEALTH. THIS DEFINITION IS SUBJECT TO SECTION 901
20 (RELATING TO DEFINITIONS).
21 "ACQUISITION COST." GENERAL DAMAGES OR, IN THE EVENT OF
22 AMICABLE ACQUISITION, THE PRICE PAID BY THE ACQUIRING AGENCY.
23 "BUSINESS." ANY LAWFUL ACTIVITY, EXCEPT A FARM OPERATION,
24 CONDUCTED:
25 (1) PRIMARILY FOR THE PURCHASE, SALE, LEASE OR RENTAL OF
26 PERSONAL OR REAL PROPERTY OR FOR THE MANUFACTURE, PROCESSING
27 OR MARKETING OF PRODUCTS, COMMODITIES OR ANY OTHER PERSONAL
28 PROPERTY;
29 (2) PRIMARILY FOR THE SALE OF SERVICES TO THE PUBLIC;
30 (3) PRIMARILY FOR OUTDOOR ADVERTISING DISPLAY PURPOSES,
20050H2054B3821 - 19 -
1 IF THE DISPLAY MUST BE MOVED AS A RESULT OF THE PROJECT; OR
2 (4) BY A NONPROFIT ORGANIZATION.
3 "COMPARABLE REPLACEMENT DWELLING." A DWELLING THAT IS:
4 (1) DECENT, SAFE AND SANITARY.
5 (2) ADEQUATE IN SIZE TO ACCOMMODATE THE OCCUPANTS.
6 (3) WITHIN THE FINANCIAL MEANS OF THE DISPLACED PERSON.
7 (4) FUNCTIONALLY EQUIVALENT.
8 (5) IN AN AREA NOT SUBJECT TO UNREASONABLE ADVERSE
9 ENVIRONMENTAL CONDITIONS.
10 (6) IN A LOCATION GENERALLY NOT LESS DESIRABLE THAN THE
11 LOCATION OF THE DISPLACED PERSON'S DWELLING WITH RESPECT TO
12 PUBLIC UTILITIES, FACILITIES, SERVICES AND THE DISPLACED
13 PERSON'S PLACE OF EMPLOYMENT.
14 "CONDEMN." TO TAKE, INJURE OR DESTROY PROPERTY BY AUTHORITY
15 OF LAW FOR A PUBLIC PURPOSE.
16 "CONDEMNEE." THE OWNER OF A PROPERTY INTEREST TAKEN, INJURED
17 OR DESTROYED. THE TERM DOES NOT INCLUDE A MORTGAGEE, JUDGMENT
18 CREDITOR OR OTHER LIENHOLDER.
19 "CONDEMNOR." THE ACQUIRING AGENCY, INCLUDING THE
20 COMMONWEALTH, THAT TAKES, INJURES OR DESTROYS PROPERTY BY
21 AUTHORITY OF LAW FOR A PUBLIC PURPOSE.
22 "COURT." THE COURT OF COMMON PLEAS.
23 "DISPLACED PERSON."
24 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), ANY OF
25 THE FOLLOWING:
26 (I) A CONDEMNEE OR OTHER PERSON THAT MOVES FROM REAL
27 PROPERTY OR MOVES PERSONAL PROPERTY FROM REAL PROPERTY:
28 (A) AS A DIRECT RESULT OF A WRITTEN NOTICE OF
29 INTENT TO ACQUIRE OR THE ACQUISITION OF THE REAL
30 PROPERTY, IN WHOLE OR IN PART, FOR A PROGRAM OR
20050H2054B3821 - 20 -
1 PROJECT UNDERTAKEN BY AN ACQUIRING AGENCY; OR
2 (B) ON WHICH SUCH PERSON IS A RESIDENTIAL TENANT
3 OR CONDUCTS A SMALL BUSINESS OR A FARM OPERATION AS A
4 DIRECT RESULT OF REHABILITATION, DEMOLITION OR OTHER
5 DISPLACING ACTIVITY FOR A PROGRAM OR PROJECT
6 UNDERTAKEN BY AN ACQUIRING AGENCY IF THE DISPLACEMENT
7 IS PERMANENT.
8 (II) A PERSON THAT WAS IN OCCUPANCY OF THE REAL
9 PROPERTY ON OR BEFORE THE DATE OF ACQUISITION,
10 NOTWITHSTANDING THE TERMINATION OR EXPIRATION OF A LEASE
11 ENTERED INTO BEFORE OR AFTER THE EVENT GIVING RISE TO THE
12 DISPLACEMENT.
13 (2) THE TERM DOES NOT INCLUDE ANY OF THE FOLLOWING:
14 (I) A PERSON THAT UNLAWFULLY OCCUPIES THE
15 DISPLACEMENT PROPERTY OR OCCUPIED THE PROPERTY FOR THE
16 PURPOSE OF OBTAINING ASSISTANCE UNDER THIS TITLE.
17 (II) IN ANY CASE IN WHICH THE ACQUIRING AGENCY
18 ACQUIRES REAL PROPERTY FOR A PROGRAM OR PROJECT, A
19 PERSON, OTHER THAN A PERSON THAT WAS AN OCCUPANT OF THE
20 PROPERTY AT THE TIME IT WAS ACQUIRED, THAT OCCUPIES THE
21 PROPERTY ON A RENTAL BASIS FOR A SHORT TERM OR A PERIOD
22 SUBJECT TO TERMINATION WHEN THE PROPERTY IS NEEDED FOR
23 THE PROGRAM OR PROJECT.
24 (3) THIS DEFINITION IS SUBJECT TO SECTION 902(A)(2).
25 "FARM OPERATION." ANY ACTIVITY CONDUCTED SOLELY OR PRIMARILY
26 FOR THE PRODUCTION OF ONE OR MORE AGRICULTURAL PRODUCTS OR
27 COMMODITIES, INCLUDING TIMBER, FOR SALE OR HOME USE AND
28 CUSTOMARILY PRODUCING THESE PRODUCTS OR COMMODITIES IN
29 SUFFICIENT QUANTITY TO BE CAPABLE OF CONTRIBUTING MATERIALLY TO
30 THE OPERATOR'S SUPPORT.
20050H2054B3821 - 21 -
1 "NATURAL DISASTER." A DISASTER OFFICIALLY DECLARED AS A
2 NATURAL DISASTER BY THE GOVERNOR.
3 "PERSONAL PROPERTY." ANY TANGIBLE PROPERTY NOT CONSIDERED TO
4 BE REAL PROPERTY FOR PURPOSES OF GENERAL DAMAGES UNDER THE LAWS
5 OF THIS COMMONWEALTH.
6 "PROGRAM OR PROJECT." ANY PROGRAM OR PROJECT UNDERTAKEN BY
7 OR FOR AN ACQUIRING AGENCY AS TO WHICH IT HAS THE AUTHORITY TO
8 EXERCISE THE POWER OF EMINENT DOMAIN.
9 "SMALL BUSINESS." A BUSINESS THAT HAS LESS THAN 501
10 EMPLOYEES WHO ARE:
11 (1) WORKING AT THE SITE BEING ACQUIRED; OR
12 (2) PERMANENTLY DISPLACED BY A PROGRAM OR PROJECT.
13 "UTILITY." AN ENTITY THAT PROVIDES TO THE PUBLIC:
14 (1) WATER PRODUCTS;
15 (2) ELECTRIC PRODUCTS;
16 (3) GAS PRODUCTS;
17 (4) OIL PRODUCTS;
18 (5) PETROLEUM PRODUCTS;
19 (6) TELEPHONE LINES; OR
20 (7) TELEGRAPH LINES.
21 CHAPTER 3
22 PROCEDURE TO CONDEMN
23 SEC.
24 301. VENUE.
25 302. DECLARATION OF TAKING.
26 303. SECURITY REQUIRED.
27 304. RECORDING NOTICE OF CONDEMNATION.
28 305. NOTICE TO CONDEMNEE.
29 306. PRELIMINARY OBJECTIONS.
30 307. POSSESSION, RIGHT OF ENTRY AND PAYMENT OF COMPENSATION.
20050H2054B3821 - 22 -
1 308. REVOCATION OF CONDEMNATION PROCEEDINGS.
2 309. RIGHT TO ENTER PROPERTY PRIOR TO CONDEMNATION.
3 310. ABANDONMENT OF PROJECT.
4 § 301. VENUE.
5 (A) GENERAL RULE.--A CONDEMNATION PROCEEDING SHALL BE
6 BROUGHT IN THE COURT OF THE COUNTY IN WHICH THE PROPERTY IS
7 LOCATED OR, IF THE PROPERTY IS LOCATED IN TWO OR MORE COUNTIES,
8 IN THE COURT OF ANY ONE OF THE COUNTIES.
9 (B) MULTIPLE COUNTIES.--WHERE THE PROPERTY IS LOCATED IN TWO
10 OR MORE COUNTIES AND A PROCEEDING IS COMMENCED IN THE COURT OF
11 ONE OF THE COUNTIES, ALL SUBSEQUENT PROCEEDINGS REGARDING THE
12 SAME PROPERTY SHALL BE BROUGHT IN THE SAME COUNTY.
13 § 302. DECLARATION OF TAKING.
14 (A) CONDEMNATION AND PASSAGE OF TITLE.--
15 (1) CONDEMNATION UNDER THE POWER OF CONDEMNATION GIVEN
16 BY LAW TO A CONDEMNOR SHALL BE EFFECTED ONLY BY THE FILING IN
17 COURT OF A DECLARATION OF TAKING WITH THE SECURITY REQUIRED
18 UNDER SECTION 303(A) (RELATING TO SECURITY REQUIRED).
19 (2) THE TITLE WHICH THE CONDEMNOR ACQUIRES IN THE
20 PROPERTY CONDEMNED SHALL PASS TO THE CONDEMNOR ON THE DATE OF
21 THE FILING, AND THE CONDEMNOR SHALL BE ENTITLED TO POSSESSION
22 UNDER SECTION 307 (RELATING TO POSSESSION, RIGHT OF ENTRY AND
23 PAYMENT OF COMPENSATION).
24 (B) CONTENTS.--THE DECLARATION OF TAKING SHALL BE IN WRITING
25 AND EXECUTED BY THE CONDEMNOR AND SHALL BE CAPTIONED AS A
26 PROCEEDING IN REM AND CONTAIN THE FOLLOWING:
27 (1) THE NAME AND ADDRESS OF THE CONDEMNOR.
28 (2) A SPECIFIC REFERENCE TO THE STATUTE AND SECTION
29 UNDER WHICH THE CONDEMNATION IS AUTHORIZED.
30 (3) A SPECIFIC REFERENCE TO THE ACTION, WHETHER BY
20050H2054B3821 - 23 -
1 ORDINANCE, RESOLUTION OR OTHERWISE, BY WHICH THE DECLARATION
2 OF TAKING WAS AUTHORIZED, INCLUDING THE DATE WHEN THE ACTION
3 WAS TAKEN AND THE PLACE WHERE THE RECORD MAY BE EXAMINED.
4 (4) A BRIEF DESCRIPTION OF THE PURPOSE OF THE
5 CONDEMNATION.
6 (5) A DESCRIPTION OF THE PROPERTY CONDEMNED, SUFFICIENT
7 FOR IDENTIFICATION, SPECIFYING THE MUNICIPAL CORPORATION AND
8 THE COUNTY OR COUNTIES WHERE THE PROPERTY TAKEN IS LOCATED, A
9 REFERENCE TO THE PLACE OF RECORDING IN THE OFFICE OF THE
10 RECORDER OF DEEDS OF PLANS SHOWING THE PROPERTY CONDEMNED OR
11 A STATEMENT THAT PLANS SHOWING THE PROPERTY CONDEMNED ARE ON
12 THE SAME DAY BEING LODGED FOR RECORD OR FILED IN THE OFFICE
13 OF THE RECORDER OF DEEDS IN THE COUNTY IN ACCORDANCE WITH
14 SECTION 304 (RELATING TO RECORDING NOTICE OF CONDEMNATION).
15 (6) A STATEMENT OF THE NATURE OF THE TITLE ACQUIRED, IF
16 ANY.
17 (7) A STATEMENT SPECIFYING WHERE A PLAN SHOWING THE
18 CONDEMNED PROPERTY MAY BE INSPECTED IN THE COUNTY IN WHICH
19 THE PROPERTY TAKEN IS LOCATED.
20 (8) A STATEMENT OF HOW JUST COMPENSATION HAS BEEN MADE
21 OR SECURED.
22 (C) MORE THAN ONE PROPERTY INCLUDED IN DECLARATION.--THE
23 CONDEMNOR MAY INCLUDE IN ONE DECLARATION OF TAKING ANY OR ALL OF
24 THE PROPERTIES SPECIFIED IN THE ACTION BY WHICH THE DECLARATION
25 OF TAKING WAS AUTHORIZED.
26 (D) FEE.--THE PROTHONOTARY SHALL CHARGE ONE FEE FOR FILING
27 EACH DECLARATION OF TAKING, WHICH SHALL BE THE SAME REGARDLESS
28 OF THE NUMBER OF PROPERTIES OR CONDEMNEES INCLUDED.
29 (E) FILING.--THE CONDEMNOR SHALL FILE WITHIN ONE YEAR OF THE
30 ACTION AUTHORIZING THE DECLARATION OF TAKING A DECLARATION OF
20050H2054B3821 - 24 -
1 TAKING COVERING ALL PROPERTIES INCLUDED IN THE AUTHORIZATION NOT
2 OTHERWISE ACQUIRED BY THE CONDEMNOR WITHIN THIS TIME.
3 § 303. SECURITY REQUIRED.
4 (A) BOND.--EXCEPT AS PROVIDED IN SUBSECTION (B), EVERY
5 CONDEMNOR SHALL GIVE SECURITY TO EFFECT THE CONDEMNATION BY
6 FILING WITH THE DECLARATION OF TAKING ITS BOND, WITHOUT SURETY,
7 TO THE COMMONWEALTH FOR THE USE OF THE OWNER OF THE PROPERTY
8 INTERESTS CONDEMNED, THE CONDITION OF WHICH SHALL BE THAT THE
9 CONDEMNOR SHALL PAY THE DAMAGES DETERMINED BY LAW.
10 (B) PLEDGE OF TAX REVENUES.--
11 (1) WHERE A CONDEMNOR HAS THE POWER OF TAXATION, IT
12 SHALL NOT BE REQUIRED TO FILE A BOND WITH THE DECLARATION OF
13 TAKING.
14 (2) THE FUNDS RAISED OR AUTHORIZED BY LAW TO BE RAISED
15 BY THE POWER OF TAXATION OF THE CONDEMNOR SHALL BE DEEMED
16 PLEDGED AND ARE MADE SECURITY FOR THE PAYMENT OF THE DAMAGES
17 DETERMINED BY LAW.
18 (C) INSUFFICIENT SECURITY.--THE COURT, UPON PRELIMINARY
19 OBJECTIONS OF THE CONDEMNEE UNDER AND WITHIN THE TIME SET FORTH
20 IN SECTION 306(A) (RELATING TO PRELIMINARY OBJECTIONS), MAY
21 REQUIRE THE CONDEMNOR TO GIVE BOND AND SECURITY AS THE COURT
22 DEEMS PROPER IF IT APPEARS TO THE COURT THAT THE BOND OR POWER
23 OF TAXATION OF THE CONDEMNOR IS INSUFFICIENT SECURITY.
24 § 304. RECORDING NOTICE OF CONDEMNATION.
25 (A) COUNTY OF RECORDING.--
26 (1) THE CONDEMNOR, UPON FILING ITS DECLARATION OF
27 TAKING, SHALL ON THE SAME DAY LODGE FOR RECORD A NOTICE OF
28 THE DECLARATION IN THE OFFICE OF THE RECORDER OF DEEDS OF THE
29 COUNTY IN WHICH THE PROPERTY IS LOCATED.
30 (2) IF THE PROPERTY IS LOCATED IN TWO OR MORE COUNTIES,
20050H2054B3821 - 25 -
1 THE NOTICE SHALL BE RECORDED IN EACH COUNTY.
2 (B) NOTICE AND RECORDING REQUIREMENTS.--
3 (1) THE NOTICE SHALL SPECIFY:
4 (I) THE COURT TERM AND NUMBER OF THE DECLARATION OF
5 TAKING.
6 (II) THE DATE IT WAS FILED.
7 (III) A DESCRIPTION OR PLAN OF THE PROPERTY
8 CONDEMNED SUFFICIENT FOR IDENTIFICATION.
9 (IV) THE NAMES OF THE OWNERS OF THE PROPERTY
10 INTERESTS CONDEMNED, AS REASONABLY KNOWN TO THE
11 CONDEMNOR.
12 (2) THE NOTICES SHALL BE INDEXED IN THE DEED INDICES
13 SHOWING THE CONDEMNEE SET FORTH IN THE NOTICE AS GRANTOR AND
14 THE CONDEMNOR AS GRANTEE.
15 (3) IF PLANS ARE TO BE RECORDED AS PART OF THE NOTICE,
16 THEY SHALL BE SUBMITTED ON STANDARD LEGAL SIZE PAPER. IF
17 PLANS ARE TO BE FILED AS PART OF THE NOTICE, THEY SHALL BE IN
18 LEGIBLE SCALE AND FILED IN A CONDEMNATION BOOK OR FILE OR
19 MICROFILMED, WITH A NOTATION AS TO THE CONDEMNATION BOOK AND
20 PAGE NUMBER, FILE NUMBER OR MICROFILM NUMBER TO BE MADE BY
21 THE RECORDER ON THE MARGIN OF THE NOTICE.
22 (4) UPON THE NOTICE BEING ASSIGNED A BOOK AND PAGE
23 NUMBER BY THE RECORDER OF DEEDS THE CONDEMNOR SHALL FILE WITH
24 THE PROTHONOTARY UNDER THE CAPTION OF THE DECLARATION OF
25 TAKING A MEMORANDUM OF THE BOOK AND PAGE NUMBER IN WHICH THE
26 NOTICE IS RECORDED.
27 (C) FEES.--THE RECORDER SHALL RECEIVE AS A FEE FOR RECORDING
28 EACH NOTICE THE SUMS AS PROVIDED BY THE ACT OF JUNE 12, 1919
29 (P.L.476, NO.240), REFERRED TO AS THE SECOND CLASS COUNTY
30 RECORDER OF DEEDS FEE LAW, AND THE ACT OF APRIL 8, 1982
20050H2054B3821 - 26 -
1 (P.L.310, NO.87), REFERRED TO AS THE RECORDER OF DEEDS FEE LAW.
2 § 305. NOTICE TO CONDEMNEE.
3 (A) WRITTEN NOTICE.--WITHIN 30 DAYS AFTER THE FILING OF THE
4 DECLARATION OF TAKING, THE CONDEMNOR SHALL GIVE WRITTEN NOTICE
5 OF THE FILING TO THE CONDEMNEE, TO ANY MORTGAGEE OF RECORD, AND
6 TO ANY LIENHOLDER OF RECORD.
7 (B) SERVICE.--
8 (1) THE NOTICE SHALL BE SERVED WITHIN OR WITHOUT THIS
9 COMMONWEALTH, BY ANY COMPETENT ADULT, IN THE SAME MANNER AS
10 IN A CIVIL ACTION OR BY REGISTERED MAIL TO THE LAST KNOWN
11 ADDRESS OF THE PERSON BEING SERVED.
12 (2) IF SERVICE CANNOT BE MADE IN THE MANNER SET FORTH
13 UNDER PARAGRAPH (1), THEN SERVICE SHALL BE MADE BY POSTING A
14 COPY OF THE NOTICE UPON THE MOST PUBLIC PART OF THE PROPERTY
15 AND BY PUBLICATION OF A COPY OF THE NOTICE, OMITTING THE PLOT
16 PLAN REQUIRED BY SUBSECTION (C)(8), ONE TIME EACH IN ONE
17 NEWSPAPER OF GENERAL CIRCULATION AND THE LEGAL JOURNAL, IF
18 ANY, PUBLISHED IN THE COUNTY.
19 (C) CONTENTS.--THE NOTICE TO BE GIVEN THE CONDEMNEE SHALL
20 STATE:
21 (1) THE CAPTION OF THE CASE.
22 (2) THE DATE OF FILING OF THE DECLARATION OF TAKING AND
23 THE COURT TERM AND NUMBER.
24 (3) THE NAME OF THE CONDEMNEE TO WHOM IT IS DIRECTED.
25 (4) THE NAME AND ADDRESS OF THE CONDEMNOR.
26 (5) A SPECIFIC REFERENCE TO THE STATUTE AND SECTION
27 UNDER WHICH THE CONDEMNATION ACTION IS AUTHORIZED.
28 (6) A SPECIFIC REFERENCE TO THE ACTION, WHETHER BY
29 ORDINANCE, RESOLUTION OR OTHERWISE, BY WHICH THE DECLARATION
30 OF TAKING WAS AUTHORIZED, INCLUDING THE DATE WHEN THE ACTION
20050H2054B3821 - 27 -
1 WAS TAKEN AND THE PLACE WHERE THE RECORD MAY BE EXAMINED.
2 (7) A BRIEF DESCRIPTION OF THE PURPOSE OF THE
3 CONDEMNATION.
4 (8) A STATEMENT THAT THE CONDEMNEE'S PROPERTY HAS BEEN
5 CONDEMNED AND A REASONABLE IDENTIFICATION OF THE PROPERTY.
6 (9) IN THE CASE OF A PARTIAL TAKING, A PLOT PLAN SHOWING
7 THE CONDEMNEE'S ENTIRE PROPERTY AND THE AREA TAKEN.
8 (10) A STATEMENT OF THE NATURE OF THE TITLE ACQUIRED.
9 (11) A STATEMENT SPECIFYING WHERE A PLAN SHOWING THE
10 CONDEMNED PROPERTY MAY BE INSPECTED IN THE COUNTY IN WHICH
11 THE PROPERTY TAKEN IS LOCATED.
12 (12) A STATEMENT OF HOW JUST COMPENSATION HAS BEEN MADE
13 OR SECURED.
14 (13) A STATEMENT THAT, IF THE CONDEMNEE WISHES TO
15 CHALLENGE THE POWER OR THE RIGHT OF THE CONDEMNOR TO
16 APPROPRIATE THE CONDEMNED PROPERTY, THE SUFFICIENCY OF THE
17 SECURITY, THE PROCEDURE FOLLOWED BY THE CONDEMNOR OR THE
18 DECLARATION OF TAKING, THE CONDEMNEE MUST FILE PRELIMINARY
19 OBJECTIONS WITHIN 30 DAYS AFTER BEING SERVED WITH NOTICE OF
20 CONDEMNATION.
21 (D) COMPLIANCE.--SERVICE OF A COPY OF THE DECLARATION OF
22 TAKING, TOGETHER WITH THE INFORMATION AND NOTICE REQUIRED BY
23 SUBSECTION (C)(2), (8), (9) AND (13), SHALL CONSTITUTE
24 COMPLIANCE WITH THE NOTICE REQUIREMENTS OF THIS SECTION.
25 (E) PROOF OF SERVICE.--THE CONDEMNOR SHALL FILE PROOF OF
26 SERVICE OF THE NOTICE.
27 § 306. PRELIMINARY OBJECTIONS.
28 (A) FILING AND EXCLUSIVE METHOD OF CHALLENGING CERTAIN
29 MATTERS.--
30 (1) WITHIN 30 DAYS AFTER BEING SERVED WITH NOTICE OF
20050H2054B3821 - 28 -
1 CONDEMNATION, THE CONDEMNEE MAY FILE PRELIMINARY OBJECTIONS
2 TO THE DECLARATION OF TAKING.
3 (2) THE COURT UPON CAUSE SHOWN MAY EXTEND THE TIME FOR
4 FILING PRELIMINARY OBJECTIONS.
5 (3) PRELIMINARY OBJECTIONS SHALL BE LIMITED TO AND SHALL
6 BE THE EXCLUSIVE METHOD OF CHALLENGING:
7 (I) THE POWER OR RIGHT OF THE CONDEMNOR TO
8 APPROPRIATE THE CONDEMNED PROPERTY UNLESS IT HAS BEEN
9 PREVIOUSLY ADJUDICATED.
10 (II) THE SUFFICIENCY OF THE SECURITY.
11 (III) THE DECLARATION OF TAKING.
12 (IV) ANY OTHER PROCEDURE FOLLOWED BY THE CONDEMNOR.
13 (B) WAIVER.--FAILURE TO RAISE BY PRELIMINARY OBJECTIONS THE
14 ISSUES LISTED IN SUBSECTION (A) SHALL CONSTITUTE A WAIVER.
15 ISSUES OF COMPENSATION MAY NOT BE RAISED BY PRELIMINARY
16 OBJECTIONS.
17 (C) GROUNDS TO BE STATED.--PRELIMINARY OBJECTIONS SHALL
18 STATE SPECIFICALLY THE GROUNDS RELIED ON.
19 (D) WHEN RAISED.--ALL PRELIMINARY OBJECTIONS SHALL BE RAISED
20 AT ONE TIME AND IN ONE PLEADING. THEY MAY BE INCONSISTENT.
21 (E) SERVICE.--THE CONDEMNEE SHALL SERVE A COPY OF THE
22 PRELIMINARY OBJECTIONS ON THE CONDEMNOR WITHIN 72 HOURS AFTER
23 FILING THEM.
24 (F) DISPOSITION.--
25 (1) THE COURT SHALL DETERMINE PROMPTLY ALL PRELIMINARY
26 OBJECTIONS AND MAKE PRELIMINARY AND FINAL ORDERS AND DECREES
27 AS JUSTICE SHALL REQUIRE, INCLUDING THE REVESTING OF TITLE.
28 (2) IF AN ISSUE OF FACT IS RAISED, THE COURT SHALL TAKE
29 EVIDENCE BY DEPOSITIONS OR OTHERWISE.
30 (3) THE COURT MAY ALLOW AMENDMENT OR DIRECT THE FILING
20050H2054B3821 - 29 -
1 OF A MORE SPECIFIC DECLARATION OF TAKING.
2 (G) COSTS AND EXPENSES.--
3 (1) IF PRELIMINARY OBJECTIONS WHICH HAVE THE EFFECT OF
4 TERMINATING THE CONDEMNATION ARE SUSTAINED, THE CONDEMNOR
5 SHALL REIMBURSE THE CONDEMNEE FOR REASONABLE APPRAISAL,
6 ATTORNEY AND ENGINEERING FEES AND OTHER COSTS AND EXPENSES
7 ACTUALLY INCURRED BECAUSE OF THE CONDEMNATION PROCEEDINGS.
8 (2) THE COURT SHALL ASSESS COSTS AND EXPENSES UNDER THIS
9 SUBSECTION.
10 § 307. POSSESSION, RIGHT OF ENTRY AND PAYMENT OF COMPENSATION.
11 (A) POSSESSION OR RIGHT OF ENTRY OF CONDEMNOR.--
12 (1) (I) THE CONDEMNOR, AFTER THE EXPIRATION OF THE TIME
13 FOR FILING PRELIMINARY OBJECTIONS BY THE CONDEMNEE TO THE
14 DECLARATION OF TAKING, SHALL BE ENTITLED TO POSSESSION OR
15 RIGHT OF ENTRY UPON PAYMENT OF, OR A WRITTEN OFFER TO PAY
16 TO THE CONDEMNEE, THE AMOUNT OF JUST COMPENSATION AS
17 ESTIMATED BY THE CONDEMNOR.
18 (II) THE CONDEMNOR SHALL BE ENTITLED TO POSSESSION
19 OR RIGHT OF ENTRY UPON AN EASEMENT WITHOUT THE PAYMENT OF
20 OR OFFER TO PAY THE ESTIMATED JUST COMPENSATION IF THE
21 CONDEMNOR HAS THE RIGHT TO ASSESS THE PROPERTY FOR
22 BENEFITS.
23 (III) IF A CONDEMNEE OR ANY OTHER PERSON THEN
24 REFUSES TO DELIVER POSSESSION OR PERMIT RIGHT OF ENTRY,
25 THE PROTHONOTARY UPON PRAECIPE OF THE CONDEMNOR SHALL
26 ISSUE A RULE, RETURNABLE IN FIVE DAYS AFTER SERVICE UPON
27 THE CONDEMNEE OR THE OTHER PERSON, TO SHOW CAUSE WHY A
28 WRIT OF POSSESSION SHOULD NOT ISSUE.
29 (IV) THE COURT, UNLESS PRELIMINARY OBJECTIONS
30 WARRANTING DELAY ARE PENDING, MAY ISSUE A WRIT OF
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1 POSSESSION CONDITIONED EXCEPT AS PROVIDED IN THIS
2 SUBSECTION UPON PAYMENT TO THE CONDEMNEE OR INTO COURT OF
3 THE ESTIMATED JUST COMPENSATION AND ON ANY OTHER TERMS AS
4 THE COURT MAY DIRECT.
5 (2) A COURT MAY ISSUE A WRIT OF POSSESSION TO A
6 CONDEMNOR PRIOR TO THE DISPOSITION OF PRELIMINARY OBJECTIONS.
7 (I) IF IT IS FINALLY DETERMINED THAT A CONDEMNATION
8 IS INVALID IN A CASE IN WHICH PRELIMINARY OBJECTIONS
9 CHALLENGE THE VALIDITY OF A RIGHT-OF-WAY OR EASEMENT FOR
10 OCCUPATION BY A UTILITY, THE AFFECTED OWNERS MAY RECOVER
11 DAMAGES FOR INJURIES SUSTAINED BY TAKING POSSESSION UNDER
12 THIS PARAGRAPH AND ARE ENTITLED TO APPROPRIATE EQUITABLE
13 RELIEF.
14 (II) IF IT IS FINALLY DETERMINED THAT ANY OTHER
15 CONDEMNATION IS INVALID AFTER THE GRANTING OF POSSESSION
16 UNDER THIS PARAGRAPH, THE AFFECTED OWNERS MAY RECOVER
17 COSTS AND EXPENSES UNDER SECTION 306(G) AND ARE ENTITLED
18 TO DISPOSITION UNDER SECTION 306(F).
19 (B) TENDER OF POSSESSION OR RIGHT OF ENTRY BY CONDEMNEE.--
20 (1) IF WITHIN 60 DAYS FROM THE FILING OF THE DECLARATION
21 OF TAKING THE CONDEMNOR HAS NOT PAID JUST COMPENSATION AS
22 PROVIDED IN SUBSECTION (A), THE CONDEMNEE MAY TENDER
23 POSSESSION OR RIGHT OF ENTRY IN WRITING AND THE CONDEMNOR
24 SHALL THEN MAKE PAYMENT OF THE JUST COMPENSATION DUE THE
25 CONDEMNEE AS ESTIMATED BY THE CONDEMNOR.
26 (2) IF THE CONDEMNOR FAILS TO MAKE THE PAYMENT, THE
27 COURT, UPON PETITION OF THE CONDEMNEE, MAY COMPEL THE
28 CONDEMNOR TO FILE A DECLARATION OF ESTIMATED JUST
29 COMPENSATION OR, IF THE CONDEMNOR FAILS OR REFUSES TO FILE
30 THE DECLARATION, MAY AT THE COST OF THE CONDEMNOR APPOINT AN
20050H2054B3821 - 31 -
1 IMPARTIAL EXPERT APPRAISER TO ESTIMATE JUST COMPENSATION.
2 (3) THE COURT MAY, AFTER HEARING, ENTER JUDGMENT FOR THE
3 AMOUNT OF THE ESTIMATED JUST COMPENSATION.
4 (C) COMPENSATION WITHOUT PREJUDICE.--
5 (1) THE COMPENSATION PAID UNDER SUBSECTIONS (A) AND (B)
6 SHALL BE WITHOUT PREJUDICE TO THE RIGHTS OF EITHER THE
7 CONDEMNOR OR THE CONDEMNEE TO PROCEED TO A FINAL
8 DETERMINATION OF THE JUST COMPENSATION, AND ANY PAYMENTS MADE
9 SHALL BE CONSIDERED ONLY AS PAYMENTS PRO TANTO OF THE JUST
10 COMPENSATION AS FINALLY DETERMINED.
11 (2) FOLLOWING THE RENDITION OF THE VERDICT, THE COURT
12 SHALL MOLD THE VERDICT TO DEDUCT THE ESTIMATED JUST
13 COMPENSATION PREVIOUSLY PAID BY THE CONDEMNOR.
14 (3) IN NO EVENT SHALL THE CONDEMNEE BE COMPELLED TO PAY
15 BACK TO THE CONDEMNOR THE COMPENSATION PAID UNDER SUBSECTION
16 (A) OR (B), EVEN IF THE AMOUNT OF JUST COMPENSATION AS
17 FINALLY DETERMINED IS LESS THAN THE COMPENSATION PAID.
18 § 308. REVOCATION OF CONDEMNATION PROCEEDINGS.
19 (A) DECLARATION OF RELINQUISHMENT.--
20 (1) THE CONDEMNOR, BY FILING A DECLARATION OF
21 RELINQUISHMENT IN COURT WITHIN TWO YEARS FROM THE FILING OF
22 THE DECLARATION OF TAKING AND BEFORE HAVING MADE THE PAYMENT
23 PROVIDED IN SECTION 307(A) OR (B) (RELATING TO POSSESSION,
24 RIGHT OF ENTRY AND PAYMENT OF COMPENSATION) OR AS TO WHICH
25 THE CONDEMNEE HAS NOT TENDERED POSSESSION OF THE CONDEMNED
26 PROPERTY AS PROVIDED IN SECTION 307, MAY RELINQUISH ALL OR
27 ANY PART OF THE PROPERTY CONDEMNED THAT IT HAS NOT TAKEN
28 ACTUAL POSSESSION OF FOR USE IN THE IMPROVEMENT.
29 (2) THE TITLE SHALL THEN REVEST IN THE CONDEMNEE AS OF
30 THE DATE OF THE FILING OF THE DECLARATION OF TAKING AND ALL
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1 MORTGAGES AND OTHER LIENS EXISTING AS OF THAT DATE AND NOT
2 THEREAFTER DISCHARGED SHALL BE REINSTATED.
3 (B) NOTICE.--NOTICE OF THE RELINQUISHMENT SHALL BE:
4 (1) RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF
5 THE COUNTY IN WHICH THE PROPERTY TAKEN IS LOCATED, WITH THE
6 CONDEMNOR AS THE GRANTOR AND THE CONDEMNEE AS THE GRANTEE.
7 (2) SERVED ON THE CONDEMNEE, ANY MORTGAGEE OF RECORD AND
8 ANY LIENHOLDER OF RECORD IN THE SAME MANNER AS PROVIDED FOR
9 SERVICE OF THE DECLARATION OF TAKING.
10 (C) FEES.--THE FEES PAYABLE TO THE RECORDER FOR RECORDING
11 THE NOTICE OF RELINQUISHMENT SHALL BE IN THE SAME AMOUNTS AS
12 PROVIDED IN SECTION 304(C) (RELATING TO RECORDING NOTICES OF
13 CONDEMNATION).
14 (D) COSTS AND EXPENSES.--WHERE CONDEMNED PROPERTY IS
15 RELINQUISHED, THE CONDEMNEE SHALL BE REIMBURSED BY THE CONDEMNOR
16 FOR REASONABLE COSTS AND EXPENSES AS PROVIDED IN SECTION 306(G)
17 (RELATING TO PRELIMINARY OBJECTIONS).
18 (E) AGREEMENT.--THE CONDEMNOR AND THE CONDEMNEE, WITHOUT THE
19 FILING OF A DECLARATION OF RELINQUISHMENT, MAY BY AGREEMENT
20 EFFECT A REVESTING OF TITLE IN THE CONDEMNEE WHICH AGREEMENT
21 SHALL BE PROPERLY RECORDED.
22 § 309. RIGHT TO ENTER PROPERTY PRIOR TO CONDEMNATION.
23 (A) GENERAL RULE.--PRIOR TO THE FILING OF THE DECLARATION OF
24 TAKING, THE CONDEMNOR OR ITS EMPLOYEES OR AGENTS SHALL HAVE THE
25 RIGHT TO ENTER UPON ANY LAND OR IMPROVEMENT IN ORDER TO MAKE
26 STUDIES, SURVEYS, TESTS, SOUNDINGS AND APPRAISALS.
27 (B) NOTICE TO OWNER REQUIRED.--THE OWNER OF THE LAND OR THE
28 PARTY IN WHOSE NAME THE PROPERTY IS ASSESSED SHALL BE NOTIFIED
29 TEN DAYS PRIOR TO ENTRY ON THE PROPERTY.
30 (C) DAMAGES.--
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1 (1) ANY ACTUAL DAMAGES SUSTAINED BY THE OWNER OF A
2 PROPERTY INTEREST IN THE PROPERTY ENTERED UPON BY THE
3 CONDEMNOR SHALL BE PAID BY THE CONDEMNOR.
4 (2) DAMAGES SHALL BE ASSESSED BY THE COURT, OR THE COURT
5 MAY REFER THE MATTER TO VIEWERS TO ASCERTAIN AND ASSESS THE
6 DAMAGES SUSTAINED BY THE CONDEMNEE.
7 (D) CONSTRUCTION.--THE EXERCISE OF THIS RIGHT OF ENTRY BY
8 THE CONDEMNOR SHALL NEITHER CONSTITUTE A CONDEMNATION NOR BE
9 INTERPRETED AS A NOTICE OF AN INTENT TO ACQUIRE THE REAL
10 PROPERTY.
11 § 310. ABANDONMENT OF PROJECT.
12 (A) DISPOSITION OF PROPERTY.--
13 (1) IF A CONDEMNOR HAS CONDEMNED A FEE AND THEN ABANDONS
14 THE PURPOSE FOR WHICH THE PROPERTY HAS BEEN CONDEMNED, THE
15 CONDEMNOR MAY DISPOSE OF IT BY SALE OR OTHERWISE.
16 (2) IF THE PROPERTY HAS NOT BEEN SUBSTANTIALLY IMPROVED,
17 IT MAY NOT BE DISPOSED OF WITHIN THREE YEARS AFTER
18 CONDEMNATION WITHOUT FIRST BEING OFFERED TO THE CONDEMNEE AT
19 THE SAME PRICE PAID TO THE CONDEMNEE BY THE CONDEMNOR.
20 (3) IF THE PROPERTY IS NOT LOCATED WITHIN THE CORPORATE
21 BOUNDARIES OF A COUNTY OF THE FIRST OR SECOND CLASS AND HAS
22 NOT BEEN SUBSTANTIALLY IMPROVED AND WAS DEVOTED TO
23 AGRICULTURAL USE AT THE TIME OF THE CONDEMNATION, IT MAY NOT
24 BE DISPOSED OF WITHIN 12 YEARS AFTER CONDEMNATION WITHOUT
25 FIRST BEING OFFERED TO THE CONDEMNEE AT THE SAME PRICE PAID
26 TO THE CONDEMNEE BY THE CONDEMNOR.
27 (B) NOTICE.--THE CONDEMNEE SHALL BE SERVED WITH NOTICE OF
28 THE OFFER IN THE SAME MANNER AS PRESCRIBED FOR THE SERVICE OF
29 NOTICES IN SECTION 305(B) (RELATING TO NOTICE TO CONDEMNEE) AND
30 SHALL HAVE 90 DAYS AFTER RECEIPT OF NOTICE TO MAKE WRITTEN
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1 ACCEPTANCE.
2 (C) CERTAIN CONDITIONAL OFFERS PROHIBITED.--THE CONDEMNOR
3 MAY NOT CONDITION ANY OFFER REQUIRED TO BE MADE TO A CONDEMNEE
4 UNDER SUBSECTION (A) ON THE PAYMENT BY THE CONDEMNEE OF
5 ADDITIONAL FEES, REAL ESTATE TAXES OR PAYMENTS IN LIEU OF TAXES
6 OR OTHER COSTS.
7 (D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
8 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
9 SUBSECTION:
10 "AGRICULTURAL COMMODITY." ANY PLANT AND ANIMAL PRODUCTS,
11 INCLUDING CHRISTMAS TREES, PRODUCED IN THIS COMMONWEALTH FOR
12 COMMERCIAL PURPOSES.
13 "AGRICULTURAL USE." USE OF THE LAND FOR THE PURPOSE OF
14 PRODUCING AN AGRICULTURAL COMMODITY OR WHEN DEVOTED TO AND
15 MEETING THE REQUIREMENTS AND QUALIFICATIONS FOR PAYMENTS OR
16 OTHER COMPENSATION PURSUANT TO A SOIL CONSERVATION PROGRAM UNDER
17 AN AGREEMENT WITH AN AGENCY OF THE FEDERAL GOVERNMENT. LAND
18 CONTAINING A FARMHOUSE OR OTHER BUILDINGS RELATED TO FARMING
19 SHALL BE DEEMED TO BE IN AGRICULTURAL USE.
20 CHAPTER 5
21 PROCEDURE FOR DETERMINING DAMAGES
22 SEC.
23 501. AGREEMENT AS TO DAMAGES.
24 502. PETITION FOR APPOINTMENT OF VIEWERS.
25 503. VIEW.
26 504. APPOINTMENT OF VIEWERS.
27 505. SERVICE OF NOTICE OF VIEW AND HEARING.
28 506. ADDITIONAL CONDEMNEES, MORTGAGEES AND INTERVENTION.
29 507. JOINT CLAIMS.
30 508. APPOINTMENT OF TRUSTEE OR GUARDIAN AD LITEM.
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1 509. FURNISHING OF PLANS TO VIEWERS.
2 510. POWERS OF VIEWERS.
3 511. ADMINISTRATIVE MATTERS FOR VIEWERS' HEARINGS.
4 512. REPORT OF VIEWERS.
5 513. DISAGREEMENT.
6 514. FILING OF REPORT OF VIEWERS.
7 515. REPORTS.
8 516. RIGHT OF APPEAL.
9 517. APPEALS.
10 518. DISPOSITION OF APPEAL.
11 519. ALLOCATION OF DAMAGES.
12 520. WAIVER OF VIEWERS' PROCEEDINGS AND TERMINATION BY
13 STIPULATION.
14 521. LIENS AND DISTRIBUTION OF DAMAGES.
15 522. PAYMENT INTO COURT AND DISTRIBUTION.
16 § 501. AGREEMENT AS TO DAMAGES.
17 AT ANY STAGE OF THE PROCEEDINGS, THE CONDEMNOR AND THE
18 CONDEMNEE MAY AGREE UPON ALL OR ANY PART OR ITEM OF THE DAMAGES
19 AND PROCEED TO HAVE THOSE PARTS OR ITEMS NOT AGREED UPON
20 ASSESSED AS PROVIDED IN THIS CHAPTER. THE CONDEMNOR MAY MAKE
21 PAYMENT OF ANY PART OR ITEM AGREED UPON.
22 § 502. PETITION FOR APPOINTMENT OF VIEWERS.
23 (A) CONTENTS OF PETITION.--A CONDEMNOR, CONDEMNEE OR
24 DISPLACED PERSON MAY FILE A PETITION REQUESTING THE APPOINTMENT
25 OF VIEWERS, SETTING FORTH:
26 (1) A CAPTION DESIGNATING THE CONDEMNEE OR DISPLACED
27 PERSON AS THE PLAINTIFF AND THE CONDEMNOR AS THE DEFENDANT.
28 (2) THE DATE OF THE FILING OF THE DECLARATION OF TAKING
29 AND WHETHER ANY PRELIMINARY OBJECTIONS HAVE BEEN FILED AND
30 REMAIN UNDISPOSED OF.
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1 (3) IN THE CASE OF A PETITION OF A CONDEMNEE OR
2 DISPLACED PERSON, THE NAME OF THE CONDEMNOR.
3 (4) THE NAMES AND ADDRESSES OF ALL CONDEMNEES, DISPLACED
4 PERSONS AND MORTGAGEES KNOWN TO THE PETITIONER TO HAVE AN
5 INTEREST IN THE PROPERTY ACQUIRED AND THE NATURE OF THEIR
6 INTEREST.
7 (5) A BRIEF DESCRIPTION OF THE PROPERTY ACQUIRED.
8 (6) A REQUEST FOR THE APPOINTMENT OF VIEWERS TO
9 ASCERTAIN JUST COMPENSATION.
10 (B) PROPERTY INCLUDED IN CONDEMNOR'S PETITION.--THE
11 CONDEMNOR MAY INCLUDE IN ITS PETITION ANY OR ALL OF THE PROPERTY
12 INCLUDED IN THE DECLARATION OF TAKING.
13 (C) CONDEMNATION WHERE NO DECLARATION OF TAKING HAS BEEN
14 FILED.--
15 (1) AN OWNER OF A PROPERTY INTEREST WHO ASSERTS THAT THE
16 OWNER'S PROPERTY INTEREST HAS BEEN CONDEMNED WITHOUT THE
17 FILING OF A DECLARATION OF TAKING MAY FILE A PETITION FOR THE
18 APPOINTMENT OF VIEWERS SUBSTANTIALLY IN THE FORM PROVIDED FOR
19 IN SUBSECTION (A) SETTING FORTH THE FACTUAL BASIS OF THE
20 PETITION.
21 (2) THE COURT SHALL DETERMINE WHETHER A CONDEMNATION HAS
22 OCCURRED, AND, IF THE COURT DETERMINES THAT A CONDEMNATION
23 HAS OCCURRED, THE COURT SHALL DETERMINE THE CONDEMNATION DATE
24 AND THE EXTENT AND NATURE OF ANY PROPERTY INTEREST CONDEMNED.
25 (3) THE COURT SHALL ENTER AN ORDER SPECIFYING ANY
26 PROPERTY INTEREST WHICH HAS BEEN CONDEMNED AND THE DATE OF
27 THE CONDEMNATION.
28 (4) A COPY OF THE ORDER AND ANY MODIFICATION SHALL BE
29 FILED BY THE CONDEMNOR IN THE OFFICE OF THE RECORDER OF DEEDS
30 OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED AND SHALL BE
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1 INDEXED IN THE DEED INDICES SHOWING THE CONDEMNEE AS GRANTOR
2 AND THE CONDEMNOR AS GRANTEE.
3 (D) SEPARATE PROCEEDINGS.--THE COURT, IN FURTHERANCE OF
4 CONVENIENCE OR TO AVOID PREJUDICE, MAY, ON ITS OWN MOTION OR ON
5 MOTION OF ANY PARTY, ORDER SEPARATE VIEWERS' PROCEEDINGS OR
6 TRIAL WHEN MORE THAN ONE PROPERTY HAS BEEN INCLUDED IN THE
7 PETITION.
8 § 503. VIEW.
9 IN EVERY PROCEEDING:
10 (1) AT LEAST ONE OF THE VIEWERS APPOINTED SHALL BE AN
11 ATTORNEY AT LAW WHO SHALL BE CHAIRMAN OF THE BOARD AND WHO
12 SHALL ATTEND THE VIEW.
13 (2) AT LEAST TWO OF THE THREE VIEWERS APPOINTED SHALL
14 VIEW THE PROPERTY IN QUESTION.
15 § 504. APPOINTMENT OF VIEWERS.
16 (A) COURT TO APPOINT.--
17 (1) UPON THE FILING OF A PETITION FOR THE APPOINTMENT OF
18 VIEWERS, THE COURT, UNLESS PRELIMINARY OBJECTIONS TO THE
19 VALIDITY OF THE CONDEMNATION OR JURISDICTION, WARRANTING
20 DELAY, ARE PENDING, SHALL PROMPTLY APPOINT THREE VIEWERS, WHO
21 SHALL VIEW THE PREMISES, HOLD HEARINGS AND FILE A REPORT.
22 (2) IN COUNTIES OF THE FIRST CLASS, THE COURT MAY
23 APPOINT AN ALTERNATE VIEWER IN ADDITION TO THE THREE VIEWERS
24 SPECIFICALLY APPOINTED.
25 (3) THE PROTHONOTARY SHALL PROMPTLY NOTIFY THE VIEWERS
26 OF THEIR APPOINTMENT UNLESS A LOCAL RULE PROVIDES ANOTHER
27 METHOD OF NOTIFICATION.
28 (4) NO VIEWER SHALL REPRESENT A CLIENT OR TESTIFY AS AN
29 EXPERT WITNESS BEFORE THE BOARD.
30 (B) SERVICE OF PETITION FOR THE APPOINTMENT OF VIEWERS AND
20050H2054B3821 - 38 -
1 ORDER APPOINTING VIEWERS.--THE PETITIONERS SHALL PROMPTLY SEND
2 TO ALL OTHER PARTIES BY REGISTERED MAIL, RETURN RECEIPT
3 REQUESTED, A CERTIFIED TRUE COPY OF THE PETITION FOR THE
4 APPOINTMENT OF VIEWERS AND A COPY OF THE COURT ORDER APPOINTING
5 THE VIEWERS IF AN ORDER HAS BEEN ENTERED. A COPY OF THE PETITION
6 AND ORDER, IF ENTERED, SHALL ALSO BE MAILED TO ALL MORTGAGEES
7 AND OTHER LIENHOLDERS OF RECORD.
8 (C) NOTICE OF VIEWS AND HEARINGS.--THE VIEWERS SHALL GIVE
9 NOTICE OF THE TIME AND PLACE OF ALL VIEWS AND HEARINGS. THE
10 NOTICE SHALL BE GIVEN TO ALL PARTIES BY NOT LESS THAN 30 DAYS
11 WRITTEN NOTICE BY REGISTERED MAIL, RETURN RECEIPT REQUESTED.
12 (D) PRELIMINARY OBJECTIONS.--
13 (1) ANY OBJECTION TO THE APPOINTMENT OF VIEWERS MAY BE
14 RAISED BY PRELIMINARY OBJECTIONS FILED WITHIN 30 DAYS AFTER
15 RECEIPT OF NOTICE OF THE APPOINTMENT OF VIEWERS.
16 (2) OBJECTIONS TO THE FORM OF THE PETITION OR THE
17 APPOINTMENT OR THE QUALIFICATIONS OF THE VIEWERS IN ANY
18 PROCEEDING OR TO THE LEGAL SUFFICIENCY OR FACTUAL BASIS OF A
19 PETITION FILED UNDER SECTION 502(C) (RELATING TO PETITION FOR
20 APPOINTMENT OF VIEWERS) ARE WAIVED UNLESS INCLUDED IN
21 PRELIMINARY OBJECTIONS.
22 (3) AN ANSWER WITH OR WITHOUT NEW MATTER MAY BE FILED
23 WITHIN 20 DAYS OF SERVICE OF PRELIMINARY OBJECTIONS, AND A
24 REPLY TO NEW MATTER MAY BE FILED WITHIN 20 DAYS OF SERVICE OF
25 THE ANSWER.
26 (4) THE COURT SHALL DETERMINE PROMPTLY ALL PRELIMINARY
27 OBJECTIONS AND MAKE ANY ORDERS AND DECREES AS JUSTICE
28 REQUIRES.
29 (5) IF AN ISSUE OF FACT IS RAISED, THE COURT SHALL
30 CONDUCT AN EVIDENTIARY HEARING OR ORDER THAT EVIDENCE BE
20050H2054B3821 - 39 -
1 TAKEN BY DEPOSITION OR OTHERWISE, BUT IN NO EVENT SHALL
2 EVIDENCE BE TAKEN BY THE VIEWERS ON THIS ISSUE.
3 § 505. SERVICE OF NOTICE OF VIEW AND HEARING.
4 (A) GENERAL RULE.--NOTICE OF THE VIEW AND HEARING SHALL BE
5 SERVED, WITHIN OR WITHOUT THIS COMMONWEALTH, BY ANY COMPETENT
6 ADULT IN THE SAME MANNER AS A CIVIL ACTION OR BY REGISTERED
7 MAIL, RETURN RECEIPT REQUESTED, TO THE LAST KNOWN ADDRESS OF THE
8 CONDEMNEE AND CONDEMNOR.
9 (B) PUBLIC POSTING.--IF SERVICE CANNOT BE MADE IN THE MANNER
10 SET FORTH IN SUBSECTION (A), THEN SERVICE SHALL BE MADE BY
11 POSTING A COPY OF THE NOTICE UPON A PUBLIC PART OF THE PROPERTY
12 AND BY PUBLICATION, AT THE COST OF THE CONDEMNOR, ONCE IN A
13 NEWSPAPER OF GENERAL CIRCULATION AND ONCE IN THE LEGAL
14 PUBLICATION, IF ANY, DESIGNATED BY RULE OR ORDER OF COURT FOR
15 PUBLICATION OF LEGAL NOTICES, PUBLISHED IN THE COUNTY.
16 (C) PROOF OF SERVICE.--PROOF OF SERVICE AND THE MANNER OF
17 SERVICE SHALL BE ATTACHED TO THE VIEWERS' REPORT.
18 § 506. ADDITIONAL CONDEMNEES, MORTGAGEES AND INTERVENTION.
19 (A) IDENTIFICATION.--THE CONDEMNEE, AT OR BEFORE THE HEARING
20 AT WHICH THE CLAIM IS PRESENTED, SHALL FURNISH THE VIEWERS AND
21 THE CONDEMNOR WITH THE NAMES AND ADDRESSES OF ALL OTHER
22 CONDEMNEES KNOWN TO THE CONDEMNEE TO HAVE AN INTEREST IN HIS
23 PROPERTY AND THE NATURE OF THEIR INTERESTS AND THE NAMES AND
24 ADDRESSES OF ALL MORTGAGEES AND LIENHOLDERS OF RECORD KNOWN TO
25 THE CONDEMNEE.
26 (B) NOTICE.--
27 (1) THE VIEWERS SHALL NOTIFY BY WRITTEN NOTICE ALL
28 PERSONS WHOSE NAMES ARE FURNISHED UNDER SUBSECTION (A) OF THE
29 PENDENCY OF THE PROCEEDINGS AND OF SUBSEQUENT HEARINGS.
30 (2) IF THESE PERSONS HAVE NOT RECEIVED 20 DAYS' NOTICE
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1 OF THE HEARING, THE VIEWERS SHALL, UPON REQUEST, ADJOURN THE
2 HEARING TO ALLOW NOTICE.
3 (C) INTERVENTION.--THE COURT MAY PERMIT A MORTGAGEE,
4 JUDGMENT CREDITOR OR OTHER LIENHOLDER TO INTERVENE IN THE
5 PROCEEDINGS WHERE THE PERSON'S INTEREST IS NOT ADEQUATELY
6 PROTECTED, BUT A PERSON SHALL NOT BE A PARTY TO THE PROCEEDINGS
7 UNLESS THE PERSON HAS INTERVENED.
8 § 507. JOINT CLAIMS.
9 (A) REQUIRED.--THE CLAIMS OF ALL THE OWNERS OF THE CONDEMNED
10 PROPERTY, INCLUDING JOINT TENANTS, TENANTS IN COMMON, LIFE
11 TENANTS, REMAINDERMEN, OWNERS OF EASEMENTS OR GROUND RENTS AND
12 ALL OTHERS HAVING AN INTEREST IN THE PROPERTY AND THE CLAIMS OF
13 ALL TENANTS, IF ANY, OF THE PROPERTY, SHALL BE HEARD OR TRIED
14 TOGETHER.
15 (B) APPORTIONMENT OF DAMAGES.--THE AWARD OF THE VIEWERS OR
16 THE VERDICT ON APPEAL FROM THE VIEWERS SHALL, FIRST, FIX THE
17 TOTAL AMOUNT OF DAMAGES FOR THE PROPERTY AND, SECOND, APPORTION
18 THE TOTAL AMOUNT OF DAMAGES BETWEEN OR AMONG THE SEVERAL
19 CLAIMANTS ENTITLED TO DAMAGES.
20 (C) SEPARATE HEARINGS.--CLAIMS FOR SPECIAL DAMAGES UNDER
21 SECTION 902 (RELATING TO MOVING AND RELATED EXPENSES OF
22 DISPLACED PERSONS) MAY BE HEARD OR TRIED SEPARATELY.
23 § 508. APPOINTMENT OF TRUSTEE OR GUARDIAN AD LITEM.
24 THE COURT ON ITS OWN MOTION MAY, OR ON PETITION OF ANY PARTY
25 IN INTEREST SHALL, APPOINT A TRUSTEE AD LITEM OR GUARDIAN AD
26 LITEM, AS MAY BE APPROPRIATE, IN ACCORDANCE WITH GENERAL RULES.
27 § 509. FURNISHING OF PLANS TO VIEWERS.
28 (A) DUTY OF CONDEMNOR.--THE CONDEMNOR SHALL PROVIDE THE
29 VIEWERS AT OR BEFORE THE VIEW WITH A PLAN SHOWING THE ENTIRE
30 PROPERTY INVOLVED, THE IMPROVEMENTS, THE EXTENT AND NATURE OF
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1 THE CONDEMNATION AND ANY OTHER PHYSICAL DATA, INCLUDING GRADES,
2 AS MAY BE NECESSARY FOR THE PROPER DETERMINATION OF JUST
3 COMPENSATION.
4 (B) SUPPLEMENTAL PLANS.--IF, IN THE OPINION OF THE VIEWERS,
5 THE PLANS ARE INSUFFICIENT, THE VIEWERS MAY REQUIRE THE
6 SUBMISSION OF SUPPLEMENTAL PLANS.
7 (C) COPIES TO CONDEMNEE.--COPIES OF THE PLANS SHALL BE
8 FURNISHED AT THE SAME TIME, WITHOUT COST, TO THE CONDEMNEE UPON
9 WRITTEN REQUEST.
10 (D) CONDEMNOR TO PAY FOR CONDEMNEE COST.--IF THE CONDEMNOR
11 DOES NOT FURNISH A PLAN OR THE CONDEMNOR'S PLANS ARE
12 INSUFFICIENT, THE COURT, ON APPLICATION OF THE CONDEMNEE, MAY
13 CHARGE TO THE CONDEMNOR, AS COSTS, REASONABLE EXPENSES FOR PLANS
14 FURNISHED BY THE CONDEMNEE.
15 § 510. POWERS OF VIEWERS.
16 (A) PROCEEDINGS.--
17 (1) THE VIEWERS MAY ADJOURN THE PROCEEDINGS FROM TIME TO
18 TIME. UPON REQUEST OF THE VIEWERS OR A PARTY, THE COURT WHICH
19 APPOINTED THE VIEWERS SHALL ISSUE A SUBPOENA TO TESTIFY OR TO
20 PRODUCE BOOKS AND DOCUMENTS.
21 (2) ALL THE VIEWERS SHALL ACT, UNLESS PREVENTED BY
22 SICKNESS OR OTHER UNAVOIDABLE CAUSE, BUT A MAJORITY OF THE
23 VIEWERS MAY HEAR, DETERMINE, ACT UPON AND REPORT ALL MATTERS
24 RELATING TO THE VIEW FOR WHICH THEY WERE APPOINTED.
25 (B) CONSTRUCTION.--THE PROVISIONS OF THIS SECTION SHALL NOT
26 BE AFFECTED BY THE APPOINTMENT OF AN ALTERNATE VIEWER AS
27 PROVIDED FOR IN SECTION 504 (RELATING TO APPOINTMENT OF
28 VIEWERS).
29 § 511. ADMINISTRATIVE MATTERS FOR VIEWERS' HEARINGS.
30 (A) FACILITIES.--ALL VIEWERS' HEARINGS SHALL BE HELD
20050H2054B3821 - 42 -
1 PUBLICLY IN A SUITABLE PLACE WITHIN THE COUNTY DESIGNATED BY THE
2 COURT.
3 (B) STENOGRAPHIC NOTES.--WHENEVER IN THE OPINION OF THE
4 VIEWERS IT IS DESIRABLE, ACCURATE STENOGRAPHIC NOTES OF HEARINGS
5 SHALL BE TAKEN, AND COPIES OF THE NOTES SHALL BE FURNISHED TO
6 THE PARTIES INTERESTED WHEN DESIRED UPON PAYMENT OF A SUM FIXED
7 BY THE RULES AND REGULATIONS OF THE RESPECTIVE COURT.
8 § 512. REPORT OF VIEWERS.
9 THE VIEWERS SHALL FILE A REPORT WHICH SHALL INCLUDE IN BRIEF
10 AND CONCISE PARAGRAPH FORM:
11 (1) THE DATE OF THEIR APPOINTMENT AS VIEWERS.
12 (2) A REFERENCE TO THE NOTICES OF THE TIME AND PLACE OF
13 VIEW AND HEARING WITH PROOF OF SERVICE OF NOTICES, WHICH
14 SHALL BE ATTACHED TO THE REPORT.
15 (3) A COPY OF THE PLAN SHOWING THE EXTENT OF THE TAKING
16 OR INJURY UPON WHICH THE VIEWERS' AWARD IS PREDICATED AND A
17 STATEMENT OF THE NATURE OF THE INTEREST CONDEMNED.
18 (4) THE DATE OF THE FILING OF THE DECLARATION OF TAKING.
19 (5) A SCHEDULE OF DAMAGES AWARDED AND BENEFITS ASSESSED,
20 TO AND BY WHOM PAYABLE, AND FOR WHICH PROPERTY, SEPARATELY
21 STATED AS FOLLOWS: GENERAL DAMAGES, MOVING AND REMOVAL
22 EXPENSES, BUSINESS DISLOCATION DAMAGES AND OTHER ITEMS OF
23 SPECIAL DAMAGES AUTHORIZED BY THIS TITLE AND THE DATE FROM
24 WHICH DAMAGES FOR DELAY SHALL BE CALCULATED.
25 (6) IN THE CASE OF A PARTIAL TAKING, A STATEMENT AS TO
26 THE AMOUNT OF THE GENERAL DAMAGES ATTRIBUTABLE AS SEVERANCE
27 DAMAGES TO THE PART OF THE PROPERTY NOT TAKEN, IF THE
28 APPORTIONMENT HAS BEEN REQUESTED IN WRITING BY THE CONDEMNEE.
29 (7) WHERE THERE ARE SEVERAL INTERESTS IN THE CONDEMNED
30 PROPERTY, A STATEMENT OF THE TOTAL AMOUNT OF DAMAGES AND THE
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1 DISTRIBUTION BETWEEN OR AMONG THE SEVERAL CLAIMANTS.
2 (8) WHETHER THERE ARE OTHER CLAIMANTS TO ANY INTEREST OR
3 ESTATE IN THE PROPERTY CONDEMNED AND THE VIEWERS'
4 DETERMINATION OF THE EXTENT, IF ANY, OF EACH INTEREST IN THE
5 PROPERTY AND IN THE AWARD.
6 (9) THEIR RULINGS ON ANY WRITTEN REQUESTS FOR FINDINGS
7 OF FACT AND CONCLUSIONS OF LAW SUBMITTED TO THEM.
8 (10) OTHER MATTERS THEY DEEM RELEVANT.
9 § 513. DISAGREEMENT.
10 IF A MAJORITY OF THE VIEWERS DO NOT AGREE ON A DECISION,
11 THREE NEW VIEWERS SHALL BE APPOINTED BY THE COURT UPON
12 APPLICATION OF ANY INTERESTED PARTY.
13 § 514. FILING OF REPORT OF VIEWERS.
14 (A) TIME PERIOD FOR FILING.--THE VIEWERS SHALL FILE THEIR
15 REPORT WITHIN 30 DAYS OF THEIR FINAL HEARING OR WITHIN 30 DAYS
16 FROM THE FILING OF THE TRANSCRIPTION OF THE STENOGRAPHIC NOTES
17 OF TESTIMONY. THE TRANSCRIPTION SHALL BE FILED WITHIN 30 DAYS OF
18 THE FINAL HEARING.
19 (B) COPY OF REPORT AND NOTICE TO PARTIES.--TEN DAYS BEFORE
20 THE FILING OF THEIR REPORT, THE VIEWERS SHALL MAIL A COPY OF THE
21 REPORT TO ALL PARTIES OR THEIR ATTORNEYS OF RECORD, WITH NOTICE
22 OF THE DATE OF THE INTENDED FILING AND THAT THE REPORT SHALL
23 BECOME FINAL UNLESS AN APPEAL IS FILED WITHIN 30 DAYS FROM THE
24 DATE THE REPORT IS FILED.
25 (C) CORRECTION OF ERRORS.--PRIOR TO THE FILING OF THEIR
26 REPORT, THE VIEWERS MAY CORRECT ANY ERRORS IN THE REPORT AND
27 GIVE NOTICE TO THE PERSONS AFFECTED.
28 (D) OTHER ENTITIES TO RECEIVE REPORT.--A COPY OF THE REPORT,
29 WHEN FILED, SHALL ALSO BE MAILED TO ALL MORTGAGEES OF RECORD AND
30 OTHER LIENHOLDERS OF RECORD.
20050H2054B3821 - 44 -
1 § 515. REPORTS.
2 (A) MULTIPLE PROPERTIES OR CLAIMS.--THE VIEWERS MAY INCLUDE
3 IN ONE REPORT ONE OR MORE PROPERTIES OR CLAIMS UNDER SECTION 902
4 (RELATING TO MOVING AND RELATED EXPENSES OF DISPLACED PERSONS)
5 REFERRED TO THEM UNDER THE SAME OR SEPARATE PETITIONS IF THE
6 PROPERTIES ARE INCLUDED IN THE SAME DECLARATION OF TAKING.
7 (B) EXPENSES AND DAMAGES.--THE VIEWERS MAY FILE A SEPARATE
8 REPORT FOR EXPENSES AND DAMAGES UNDER SECTION 902.
9 (C) FINALITY.--EACH REPORT SHALL BE FINAL AS TO THE PROPERTY
10 OR PROPERTIES INCLUDED AND SUBJECT TO SEPARATE APPEAL.
11 § 516. RIGHT OF APPEAL.
12 (A) EXTENT OF RIGHT.--
13 (1) ANY PARTY AGGRIEVED BY THE DECISION OF THE VIEWERS
14 MAY APPEAL TO THE COURT. THE APPEAL SHALL RAISE ALL
15 OBJECTIONS OF LAW OR FACT TO THE VIEWERS' REPORT.
16 (2) THE APPEAL SHALL BE SIGNED BY THE APPELLANT OR AN
17 ATTORNEY OR AGENT, AND NO VERIFICATION SHALL BE REQUIRED.
18 (3) ANY AWARD OF DAMAGES OR ASSESSMENT OF BENEFITS, AS
19 THE CASE MAY BE, AS TO WHICH NO APPEAL IS TAKEN SHALL BECOME
20 FINAL AS OF COURSE AND SHALL CONSTITUTE A FINAL JUDGMENT.
21 (B) CONSOLIDATION.--THE COURT, ON ITS OWN MOTION OR ON
22 APPLICATION OF ANY PARTY IN INTEREST, MAY CONSOLIDATE SEPARATE
23 APPEALS INVOLVING ONLY COMMON QUESTIONS OF LAW AS ONE
24 PROCEEDING.
25 (C) CROSS APPEALS.--IF A TIMELY APPEAL IS FILED BY A PARTY,
26 ANY OTHER PARTY MAY FILE AN APPEAL WITHIN 15 DAYS OF THE DATE ON
27 WHICH THE FIRST APPEAL WAS FILED. AN APPEAL MAY BE TAKEN FROM
28 LESS THAN ALL OF AN AWARD.
29 (D) WITHDRAWAL.--PRIOR TO THE BEGINNING OF TESTIMONY, ANY
30 PARTY MAY WITHDRAW ITS APPEAL WITHOUT THE CONSENT OF THE OTHER
20050H2054B3821 - 45 -
1 PARTIES.
2 § 517. APPEALS.
3 (A) CONTENTS.--THE APPEAL SHALL SET FORTH:
4 (1) THE NAME OF APPELLANT AND APPELLEE.
5 (2) A BRIEF DESCRIPTION OR IDENTIFICATION OF THE
6 PROPERTY INVOLVED AND THE CONDEMNEE'S INTEREST.
7 (3) A REFERENCE TO THE PROCEEDINGS APPEALED FROM AND THE
8 DATE OF THE FILING OF THE VIEWERS' REPORT.
9 (4) OBJECTIONS, IF ANY, TO THE VIEWERS' REPORT, OTHER
10 THAN TO THE AMOUNT OF THE AWARD.
11 (5) A DEMAND FOR JURY TRIAL, IF DESIRED. IF THE
12 APPELLANT DESIRES A JURY TRIAL, THE APPELLANT SHALL AT THE
13 TIME OF FILING THE APPEAL ENDORSE THE APPEAL OR FILE
14 SEPARATELY A WRITTEN DEMAND FOR JURY TRIAL, SIGNED BY THE
15 APPELLANT OR COUNSEL.
16 (B) JURY TRIAL.--
17 (1) IF NO DEMAND FOR JURY TRIAL IS MADE BY THE
18 APPELLANT, ANY OTHER PARTY MAY FILE A WRITTEN DEMAND FOR JURY
19 TRIAL WITHIN 15 DAYS AFTER BEING SERVED WITH A COPY OF THE
20 APPEAL.
21 (2) IF NO PARTY MAKES A DEMAND FOR A JURY TRIAL AS
22 PROVIDED IN THIS SECTION, THE RIGHT TO JURY TRIAL SHALL BE
23 DEEMED TO HAVE BEEN WAIVED, AND THE COURT SHALL TRY THE CASE
24 WITHOUT A JURY.
25 (C) SERVICE.--THE APPELLANT SHALL SERVE A COPY OF THE APPEAL
26 ON ALL OTHER PARTIES WITHIN FIVE DAYS AFTER FILING THE APPEAL.
27 PROOF OF SERVICE OF A COPY OF THE APPEAL SHALL BE FILED BY THE
28 APPELLANT.
29 (D) OTHER PLEADINGS NOT REQUIRED.--NO OTHER PLEADINGS SHALL
30 BE REQUIRED AND THE CAUSE SHALL BE DEEMED AT ISSUE.
20050H2054B3821 - 46 -
1 § 518. DISPOSITION OF APPEAL.
2 AN APPEAL SHALL BE DISPOSED AS FOLLOWS:
3 (1) ALL OBJECTIONS, OTHER THAN TO THE AMOUNT OF THE
4 AWARD, RAISED BY THE APPEAL SHALL BE DETERMINED BY THE COURT
5 PRELIMINARILY.
6 (2) THE COURT MAY CONFIRM, MODIFY OR CHANGE THE REPORT
7 OR REFER IT BACK TO THE SAME OR OTHER VIEWERS. A DECREE
8 CONFIRMING, MODIFYING OR CHANGING THE REPORT CONSTITUTES A
9 FINAL ORDER.
10 (3) THE AMOUNT OF DAMAGES SHALL BE DETERMINED BY THE
11 COURT UNLESS A JURY TRIAL HAS BEEN DEMANDED.
12 (4) AT THE TRIAL OF THE CASE, THE CONDEMNEE SHALL BE THE
13 PLAINTIFF AND THE CONDEMNOR SHALL BE THE DEFENDANT.
14 § 519. ALLOCATION OF DAMAGES.
15 (A) SEVERANCE DAMAGES.--UPON APPEAL FROM AN AWARD OF
16 VIEWERS, THE COURT, UPON THE REQUEST OF THE PLAINTIFF, SHALL,
17 AFTER THE JURY OR THE COURT, IF THE TRIAL IS WITHOUT JURY, HAS
18 RETURNED ITS GENERAL VERDICT, MAKE A SPECIFIC FINDING AND
19 ALLOCATION OF THE AMOUNT OF THE GENERAL VERDICT ATTRIBUTABLE TO
20 SEVERANCE DAMAGES TO THE PART OF THE PROPERTY NOT TAKEN.
21 (B) OTHER DAMAGES.--THE JURY, OR THE COURT IN A TRIAL
22 WITHOUT A JURY, SHALL MAKE SPECIFIC FINDINGS AS TO THE PORTION
23 OF THE VERDICT ALLOCATED TO:
24 (1) GENERAL DAMAGES;
25 (2) MOVING AND REMOVAL EXPENSES;
26 (3) BUSINESS DISLOCATION DAMAGES; AND
27 (4) OTHER ITEMS OF SPECIAL DAMAGES AUTHORIZED BY THIS
28 TITLE;
29 EXCEPT REASONABLE APPRAISAL, ATTORNEY AND ENGINEERING FEES
30 RECOVERABLE UNDER SECTIONS 306 (RELATING TO PRELIMINARY
20050H2054B3821 - 47 -
1 OBJECTIONS), 308 (RELATING TO REVOCATION OF CONDEMNATION
2 PROCEEDINGS), 709 (RELATING TO CONDEMNEE'S COSTS WHERE NO
3 DECLARATION OF TAKING FILED) AND 710 (RELATING TO LIMITED
4 REIMBURSEMENT OF APPRAISAL, ATTORNEY AND ENGINEERING FEES),
5 WHICH SHALL BE DETERMINED BY THE COURT IN AN APPROPRIATE CASE.
6 § 520. WAIVER OF VIEWERS' PROCEEDINGS AND TERMINATION BY
7 STIPULATION.
8 (A) WAIVER OF VIEWERS' PROCEEDINGS.--THE CONDEMNOR AND
9 CONDEMNEE MAY, BY WRITTEN AGREEMENT FILED WITH AND APPROVED BY
10 THE COURT, WAIVE PROCEEDINGS BEFORE VIEWERS AND PROCEED DIRECTLY
11 TO THE COURT ON AGREED ISSUES OF LAW OR FACT. THE PROCEEDINGS
12 SHALL THEN BE THE SAME AS ON APPEAL FROM A REPORT OF VIEWERS.
13 (B) TERMINATION BY STIPULATION.--AT ANY TIME AFTER FILING OF
14 A PETITION FOR THE APPOINTMENT OF VIEWERS, THE PARTIES MAY, BY
15 STIPULATION FILED WITH THE PROTHONOTARY, TERMINATE THE VIEWERS'
16 PROCEEDINGS AS TO ALL OR PART OF THE PROPERTIES INVOLVED AND
17 STIPULATE THAT JUDGMENT MAY BE ENTERED FOR THE AMOUNT OF DAMAGES
18 AGREED ON FOR EACH PROPERTY INTEREST COVERED BY THE STIPULATION.
19 A COPY OF THE STIPULATION SHALL BE FILED WITH THE VIEWERS.
20 § 521. LIENS AND DISTRIBUTION OF DAMAGES.
21 (A) LIENS.--
22 (1) DAMAGES PAYABLE TO A CONDEMNEE UNDER SECTIONS 701
23 (RELATING TO JUST COMPENSATION; OTHER DAMAGES) THROUGH 707
24 (RELATING TO REMOVAL OF MACHINERY, EQUIPMENT OR FIXTURES),
25 713 (RELATING TO DELAY COMPENSATION), 714 (RELATING TO
26 CONSEQUENTIAL DAMAGES), 715 (RELATING TO DAMAGES FOR VACATION
27 OF ROADS) AND 902(B)(1) AND (2) (RELATING TO MOVING AND
28 RELATED EXPENSES OF DISPLACED PERSONS) SHALL BE SUBJECT TO A
29 LIEN FOR ALL TAXES AND MUNICIPAL CLAIMS ASSESSED AGAINST THE
30 PROPERTY AND TO ALL MORTGAGES, JUDGMENTS AND OTHER LIENS OF
20050H2054B3821 - 48 -
1 RECORD AGAINST THE PROPERTY FOR WHICH THE PARTICULAR DAMAGES
2 ARE PAYABLE, EXISTING AT THE DATE OF THE FILING OF THE
3 DECLARATION OF TAKING.
4 (2) THE LIENS SHALL BE PAID OUT OF THE DAMAGES IN ORDER
5 OF PRIORITY BEFORE ANY PAYMENT TO THE CONDEMNEE, UNLESS
6 RELEASED.
7 (3) IN THE CASE OF A PARTIAL TAKING OR OF DAMAGES UNDER
8 SECTIONS 714 AND 715, THE LIENHOLDER SHALL BE ENTITLED ONLY
9 TO AN EQUITABLE PRO RATA SHARE OF THE DAMAGES LIENABLE UNDER
10 THIS SECTION.
11 (B) DISTRIBUTION OF DAMAGES.--
12 (1) THE CONDEMNOR SHALL DISTRIBUTE THE DAMAGES PROPERLY.
13 IF THE CONDEMNOR IS UNABLE TO DETERMINE PROPER DISTRIBUTION
14 OF THE DAMAGES, IT MAY, WITHOUT PAYMENT INTO COURT, PETITION
15 THE COURT TO DISTRIBUTE THE DAMAGES AND SHALL FURNISH THE
16 COURT WITH A SCHEDULE OF PROPOSED DISTRIBUTION.
17 (2) NOTICE OF THE FILING OF THE PETITION AND SCHEDULE OF
18 PROPOSED DISTRIBUTION SHALL BE GIVEN TO ALL CONDEMNEES,
19 MORTGAGEES, JUDGMENT CREDITORS AND OTHER LIENHOLDERS, AS
20 SHOWN IN THE PROPOSED SCHEDULE, IN ANY MANNER AS THE COURT
21 MAY DIRECT BY GENERAL RULE OR SPECIAL ORDER.
22 (3) THE COURT MAY HEAR THE MATTER OR MAY APPOINT A
23 MASTER TO HEAR AND REPORT OR MAY ORDER ANY ISSUE TRIED BY THE
24 COURT AND JURY AS MAY APPEAR PROPER UNDER ALL THE
25 CIRCUMSTANCES.
26 (4) THE COURT SHALL THEN ENTER AN ORDER OF DISTRIBUTION
27 OF THE FUND.
28 § 522. PAYMENT INTO COURT AND DISTRIBUTION.
29 (A) PAYMENT INTO COURT.--
30 (1) UPON REFUSAL TO ACCEPT PAYMENT OF THE DAMAGES OR OF
20050H2054B3821 - 49 -
1 THE ESTIMATED JUST COMPENSATION UNDER SECTION 307 (RELATING
2 TO POSSESSION, RIGHT OF ENTRY AND PAYMENT OF COMPENSATION) OR
3 IF THE PARTY ENTITLED THERETO CANNOT BE FOUND OR IF FOR ANY
4 OTHER REASON THE AMOUNT CANNOT BE PAID TO THE PARTY ENTITLED
5 THERETO, THE COURT UPON PETITION OF THE CONDEMNOR, WHICH
6 SHALL INCLUDE A SCHEDULE OF PROPOSED DISTRIBUTION, MAY DIRECT
7 PAYMENT AND COSTS INTO COURT OR AS THE COURT MAY DIRECT IN
8 FULL SATISFACTION.
9 (2) THE CONDEMNOR SHALL GIVE 20 DAYS' NOTICE OF THE
10 PRESENTATION OF THE PETITION, INCLUDING A COPY OF THE
11 SCHEDULE OF THE PROPOSED DISTRIBUTION, TO ALL PARTIES IN
12 INTEREST KNOWN TO THE CONDEMNOR IN ANY MANNER AS THE COURT
13 MAY DIRECT BY GENERAL RULE OR SPECIAL ORDER.
14 (3) IF THE COURT IS SATISFIED IN A PARTICULAR CASE THAT
15 THE CONDEMNOR FAILED TO USE REASONABLE DILIGENCE IN GIVING
16 NOTICE, THE COURT MAY, UPON PETITION OF ANY PARTY IN INTEREST
17 ADVERSELY AFFECTED BY THE FAILURE TO GIVE NOTICE, ORDER THAT
18 COMPENSATION FOR DELAY IN PAYMENT BE AWARDED TO THE PARTY FOR
19 THE PERIOD AFTER DEPOSIT IN COURT BY THE CONDEMNOR UNDER THIS
20 SECTION UNTIL THE TIME THE PARTY IN INTEREST HAS RECEIVED A
21 DISTRIBUTION OF FUNDS UNDER THIS SECTION.
22 (B) DISTRIBUTION.--THE COURT UPON PETITION OF ANY PARTY IN
23 INTEREST SHALL DISTRIBUTE THE FUNDS PAID UNDER SUBSECTION (A) OR
24 ANY FUNDS DEPOSITED IN COURT UNDER SECTION 307 TO THE PERSONS
25 ENTITLED THERETO IN ACCORDANCE WITH THE PROCEDURE IN SECTION 521
26 (RELATING TO LIENS AND DISTRIBUTION OF DAMAGES), BUT, IF NO
27 PETITION IS PRESENTED WITHIN A PERIOD OF FIVE YEARS OF THE DATE
28 OF PAYMENT INTO COURT, THE COURT SHALL ORDER THE FUND OR ANY
29 BALANCE REMAINING TO BE PAID TO THE COMMONWEALTH WITHOUT
30 ESCHEAT. NO FEE SHALL BE CHARGED AGAINST THESE FUNDS.
20050H2054B3821 - 50 -
1 CHAPTER 7
2 JUST COMPENSATION AND MEASURE OF DAMAGES
3 SEC.
4 701. JUST COMPENSATION; OTHER DAMAGES.
5 702. MEASURE OF DAMAGES.
6 703. FAIR MARKET VALUE.
7 704. EFFECT OF IMMINENCE OF CONDEMNATION.
8 705. CONTIGUOUS TRACTS AND UNITY OF USE.
9 706. EFFECT OF CONDEMNATION USE ON AFTER VALUE.
10 707. REMOVAL OF MACHINERY, EQUIPMENT OR FIXTURES.
11 708. EXPENSES INCIDENTAL TO TRANSFER OF TITLE.
12 709. CONDEMNEE'S COSTS WHERE NO DECLARATION OF TAKING FILED.
13 710. LIMITED REIMBURSEMENT OF APPRAISAL, ATTORNEY AND
14 ENGINEERING FEES.
15 710.1. DEFRAYING ATTORNEY FEES IN CERTAIN CASES.
16 711. PAYMENT ON ACCOUNT OF INCREASED MORTGAGE COSTS.
17 712. LOSS OF RENTALS BECAUSE OF IMMINENCE OF CONDEMNATION.
18 713. DELAY COMPENSATION.
19 714. CONSEQUENTIAL DAMAGES.
20 715. DAMAGES FOR VACATION OF ROADS.
21 716. ATTEMPTED AVOIDANCE OF MONETARY JUST COMPENSATION.
22 § 701. JUST COMPENSATION; OTHER DAMAGES.
23 A CONDEMNEE SHALL BE ENTITLED TO JUST COMPENSATION FOR THE
24 TAKING, INJURY OR DESTRUCTION OF THE CONDEMNEE'S PROPERTY,
25 DETERMINED AS SET FORTH IN THIS CHAPTER. OTHER DAMAGES SHALL
26 ALSO BE PAID OR AWARDED AS PROVIDED IN THIS TITLE.
27 § 702. MEASURE OF DAMAGES.
28 (A) JUST COMPENSATION.--JUST COMPENSATION SHALL CONSIST OF
29 THE DIFFERENCE BETWEEN THE FAIR MARKET VALUE OF THE CONDEMNEE'S
30 ENTIRE PROPERTY INTEREST IMMEDIATELY BEFORE THE CONDEMNATION AND
20050H2054B3821 - 51 -
1 AS UNAFFECTED BY THE CONDEMNATION AND THE FAIR MARKET VALUE OF
2 THE PROPERTY INTEREST REMAINING IMMEDIATELY AFTER THE
3 CONDEMNATION AND AS AFFECTED BY THE CONDEMNATION.
4 (B) URBAN DEVELOPMENT OR REDEVELOPMENT CONDEMNATION.--IN THE
5 CASE OF THE CONDEMNATION OF PROPERTY IN CONNECTION WITH ANY
6 URBAN DEVELOPMENT OR REDEVELOPMENT PROJECT, WHICH PROPERTY IS
7 DAMAGED BY SUBSIDENCE DUE TO FAILURE OF SURFACE SUPPORT
8 RESULTING FROM THE EXISTENCE OF MINE TUNNELS OR PASSAGEWAYS
9 UNDER THE PROPERTY OR BY REASON OF FIRES OCCURRING IN MINE
10 TUNNELS OR PASSAGEWAYS OR OF BURNING COAL REFUSE BANKS, THE
11 DAMAGE RESULTING FROM THE SUBSIDENCE OR UNDERGROUND FIRES OR
12 BURNING COAL REFUSE BANKS SHALL BE EXCLUDED IN DETERMINING THE
13 FAIR MARKET VALUE OF THE CONDEMNEE'S ENTIRE PROPERTY INTEREST
14 IMMEDIATELY BEFORE THE CONDEMNATION.
15 (C) VALUE OF PROPERTY DAMAGED BY NATURAL DISASTER.--
16 (1) IN THE CASE OF THE CONDEMNATION OF PROPERTY IN
17 CONNECTION WITH ANY PROGRAM OR PROJECT WHICH PROPERTY IS
18 DAMAGED BY ANY NATURAL DISASTER, THE DAMAGE RESULTING FROM
19 THE NATURAL DISASTER SHALL BE EXCLUDED IN DETERMINING FAIR
20 MARKET VALUE OF THE CONDEMNEE'S ENTIRE PROPERTY INTEREST
21 IMMEDIATELY BEFORE THE CONDEMNATION.
22 (2) THIS SUBSECTION APPLIES ONLY WHERE THE DAMAGE
23 RESULTING FROM THE NATURAL DISASTER HAS OCCURRED WITHIN FIVE
24 YEARS PRIOR TO THE INITIATION OF NEGOTIATIONS FOR OR NOTICE
25 OF INTENT TO ACQUIRE OR ORDER TO VACATE THE PROPERTY AND
26 DURING THE OWNERSHIP OF THE PROPERTY BY THE CONDEMNEE. THE
27 DAMAGE TO BE EXCLUDED SHALL INCLUDE ONLY ACTUAL PHYSICAL
28 DAMAGE TO THE PROPERTY FOR WHICH THE CONDEMNEE HAS NOT
29 RECEIVED ANY COMPENSATION OR REIMBURSEMENT.
30 § 703. FAIR MARKET VALUE.
20050H2054B3821 - 52 -
1 FAIR MARKET VALUE SHALL BE THE PRICE WHICH WOULD BE AGREED TO
2 BY A WILLING AND INFORMED SELLER AND BUYER, TAKING INTO
3 CONSIDERATION, BUT NOT LIMITED TO, THE FOLLOWING FACTORS:
4 (1) THE PRESENT USE OF THE PROPERTY AND ITS VALUE FOR
5 THAT USE.
6 (2) THE HIGHEST AND BEST REASONABLY AVAILABLE USE OF THE
7 PROPERTY AND ITS VALUE FOR THAT USE.
8 (3) THE MACHINERY, EQUIPMENT AND FIXTURES FORMING PART
9 OF THE REAL ESTATE TAKEN.
10 (4) OTHER FACTORS AS TO WHICH EVIDENCE MAY BE OFFERED AS
11 PROVIDED BY CHAPTER 11 (RELATING TO EVIDENCE).
12 § 704. EFFECT OF IMMINENCE OF CONDEMNATION.
13 ANY CHANGE IN THE FAIR MARKET VALUE PRIOR TO THE DATE OF
14 CONDEMNATION WHICH THE CONDEMNOR OR CONDEMNEE ESTABLISHES WAS
15 SUBSTANTIALLY DUE TO THE GENERAL KNOWLEDGE OF THE IMMINENCE OF
16 CONDEMNATION, OTHER THAN THAT DUE TO PHYSICAL DETERIORATION OF
17 THE PROPERTY WITHIN THE REASONABLE CONTROL OF THE CONDEMNEE,
18 SHALL BE DISREGARDED IN DETERMINING FAIR MARKET VALUE.
19 § 705. CONTIGUOUS TRACTS AND UNITY OF USE.
20 WHERE ALL OR A PART OF SEVERAL CONTIGUOUS TRACTS IN
21 SUBSTANTIALLY IDENTICAL OWNERSHIP IS CONDEMNED OR A PART OF
22 SEVERAL NONCONTIGUOUS TRACTS IN SUBSTANTIALLY IDENTICAL
23 OWNERSHIP WHICH ARE USED TOGETHER FOR A UNIFIED PURPOSE IS
24 CONDEMNED, DAMAGES SHALL BE ASSESSED AS IF THE TRACTS WERE ONE
25 PARCEL.
26 § 706. EFFECT OF CONDEMNATION USE ON AFTER VALUE.
27 (A) GENERAL RULE.--IN DETERMINING THE FAIR MARKET VALUE OF
28 THE REMAINING PROPERTY AFTER A PARTIAL TAKING, CONSIDERATION
29 SHALL BE GIVEN TO THE USE TO WHICH THE PROPERTY CONDEMNED IS TO
30 BE PUT AND THE DAMAGES OR BENEFITS SPECIALLY AFFECTING THE
20050H2054B3821 - 53 -
1 REMAINING PROPERTY DUE TO ITS PROXIMITY TO THE IMPROVEMENT FOR
2 WHICH THE PROPERTY WAS TAKEN.
3 (B) FUTURE DAMAGES AND GENERAL BENEFITS.--FUTURE DAMAGES AND
4 GENERAL BENEFITS WHICH WILL AFFECT THE ENTIRE COMMUNITY BEYOND
5 THE PROPERTIES DIRECTLY ABUTTING THE PROPERTY TAKEN SHALL NOT BE
6 CONSIDERED IN ARRIVING AT THE AFTER VALUE.
7 (C) SPECIAL BENEFITS.--SPECIAL BENEFITS TO THE REMAINING
8 PROPERTY SHALL IN NO EVENT EXCEED THE TOTAL DAMAGES, EXCEPT IN
9 CASES WHERE THE CONDEMNOR IS AUTHORIZED UNDER EXISTING LAW TO
10 MAKE SPECIAL ASSESSMENTS FOR BENEFITS.
11 (D) PARTIAL TAKING.--A PARTIAL TAKING SHALL NOT EXTINGUISH A
12 NONCONFORMING USE UNLESS ALL OR A SUBSTANTIAL PORTION OF THE
13 IMPROVEMENTS ON THE PROPERTY ARE WITHIN THE AREA OF THE PROPERTY
14 TAKEN.
15 § 707. REMOVAL OF MACHINERY, EQUIPMENT OR FIXTURES.
16 (A) NOTICE TO CONDEMNEE.--IN THE EVENT THE CONDEMNOR DOES
17 NOT REQUIRE FOR ITS USE MACHINERY, EQUIPMENT OR FIXTURES FORMING
18 PART OF THE REAL ESTATE, IT SHALL SO NOTIFY THE CONDEMNEE.
19 (B) CONDEMNEE ELECTION.--
20 (1) THE CONDEMNEE MAY WITHIN 30 DAYS OF THE NOTICE ELECT
21 TO REMOVE THE MACHINERY, EQUIPMENT OR FIXTURES UNLESS THE
22 TIME IS EXTENDED BY THE CONDEMNOR.
23 (2) IF THE CONDEMNEE SO ELECTS, THE DAMAGES SHALL BE
24 REDUCED BY THE FAIR MARKET VALUE OF THE MACHINERY, EQUIPMENT
25 OR FIXTURES SEVERED FROM THE REAL ESTATE.
26 § 708. EXPENSES INCIDENTAL TO TRANSFER OF TITLE.
27 AN ACQUIRING AGENCY SHALL, ON THE DATE OF PAYMENT OF THE
28 PURCHASE PRICE OF AMICABLY ACQUIRED REAL PROPERTY OR OF PAYMENT
29 OR TENDER OF ESTIMATED JUST COMPENSATION IN A CONDEMNATION
30 PROCEEDING TO ACQUIRE REAL PROPERTY, WHICHEVER IS EARLIER OR AS
20050H2054B3821 - 54 -
1 SOON AS IS PRACTICABLE, REIMBURSE THE OWNER FOR EXPENSES
2 NECESSARILY INCURRED FOR:
3 (1) RECORDING FEES, TRANSFER TAXES AND SIMILAR EXPENSES
4 INCIDENTAL TO CONVEYING THE REAL PROPERTY TO THE ACQUIRING
5 AGENCY.
6 (2) PENALTY COSTS FOR PREPAYMENT FOR ANY PREEXISTING
7 RECORDED MORTGAGE ENTERED INTO IN GOOD FAITH ENCUMBERING THE
8 REAL PROPERTY.
9 (3) THE PRO RATA PORTION OF REAL PROPERTY TAXES PAID
10 WHICH ARE ALLOCABLE TO A PERIOD SUBSEQUENT TO THE DATE OF
11 VESTING TITLE IN THE ACQUIRING AGENCY OR THE EFFECTIVE DATE
12 OF POSSESSION OF THE REAL PROPERTY BY THE ACQUIRING AGENCY,
13 WHICHEVER IS EARLIER.
14 (4) THE PRO RATA PORTION OF WATER AND SEWER CHARGES PAID
15 TO A TAXING ENTITY OR A LOCAL AUTHORITY ALLOCABLE TO A PERIOD
16 SUBSEQUENT TO THE EFFECTIVE DATE OF POSSESSION OF THE REAL
17 PROPERTY BY THE ACQUIRING AGENCY.
18 § 709. CONDEMNEE'S COSTS WHERE NO DECLARATION OF TAKING FILED.
19 WHERE PROCEEDINGS ARE INSTITUTED BY A CONDEMNEE UNDER SECTION
20 502(C) (RELATING TO PETITION FOR APPOINTMENT OF VIEWERS), A
21 JUDGMENT AWARDING COMPENSATION TO THE CONDEMNEE FOR THE TAKING
22 OF PROPERTY SHALL INCLUDE REIMBURSEMENT OF REASONABLE APPRAISAL,
23 ATTORNEY AND ENGINEERING FEES AND OTHER COSTS AND EXPENSES
24 ACTUALLY INCURRED.
25 § 710. LIMITED REIMBURSEMENT OF APPRAISAL, ATTORNEY AND
26 ENGINEERING FEES.
27 (A) GENERAL RULE.--THE OWNER OF ANY RIGHT, TITLE OR INTEREST
28 IN REAL PROPERTY ACQUIRED OR INJURED BY AN ACQUIRING AGENCY, WHO
29 IS NOT ELIGIBLE FOR REIMBURSEMENT OF FEES UNDER SECTION 306(G)
30 (RELATING TO PRELIMINARY OBJECTIONS), 308(E) (RELATING TO
20050H2054B3821 - 55 -
1 REVOCATION OF CONDEMNATION PROCEEDINGS) OR 709 (RELATING TO
2 CONDEMNEE'S COSTS WHERE NO DECLARATION OF TAKING FILED), SHALL
3 BE REIMBURSED IN AN AMOUNT NOT TO EXCEED $3,000 AS A PAYMENT
4 TOWARD REASONABLE EXPENSES ACTUALLY INCURRED FOR APPRAISAL,
5 ATTORNEY AND ENGINEERING FEES.
6 (B) ATTORNEY FEES.--IN DETERMINING REASONABLE ATTORNEY FEES
7 UNDER SECTIONS 306(G), 308(E) AND 709, THE COURT SHALL CONSIDER
8 ALL OF THE CIRCUMSTANCES OF THE CASE, INCLUDING, BUT NOT LIMITED
9 TO, TIME RECORDS IF AVAILABLE.
10 § 710.1. DEFRAYING ATTORNEY FEES IN CERTAIN CASES.
11 AT THE TIME OF THE ENTRY OF A FINAL AWARD OR JUDGMENT OF JUST
12 COMPENSATION, UNLESS REASONABLE EXPENSES INCURRED FOR APPRAISAL,
13 ATTORNEY AND ENGINEERING FEES ARE PAYABLE UNDER SECTION 308
14 (RELATING TO REVOCATION OF CONDEMNATION PROCEEDINGS) OR 709
15 (RELATING TO CONDEMNEE'S COSTS WHERE NO DECLARATION OF TAKING
16 FILED), IF THE AMOUNT OF THE AWARD OR JUDGMENT IS GREATER THAN
17 AN AMOUNT CALCULATED BY MULTIPLYING THE AMOUNT OF ESTIMATED JUST
18 COMPENSATION PAID OR TENDERED TO THE CONDEMNEE AS REQUIRED BY
19 SECTION 307 (RELATING TO POSSESSION, RIGHT OF ENTRY AND PAYMENT
20 OF COMPENSATION) OR PAID INTO COURT AS PROVIDED BY SECTION 522
21 (RELATING TO PAYMENT INTO COURT AND DISTRIBUTION) MULTIPLIED BY
22 1.25, BEFORE CALCULATING DELAY COMPENSATION PAYABLE, IF ANY,
23 PURSUANT TO SECTION 711 (RELATING TO PAYMENT ON ACCOUNT OF
24 INCREASED MORTGAGE COSTS), THEN, TO DEFRAY THE CONDEMNEE'S COST
25 OF LITIGATION, THE AMOUNT TO BE ENTERED SHALL BE ENHANCED BY THE
26 DIFFERENCE BETWEEN:
27 (1) THE REASONABLE ATTORNEY FEES INCURRED DURING THE
28 REPRESENTATION PAID OR OWED BY THE CONDEMNEE; AND
29 (2) THE AMOUNT ACTUALLY PAID TO THE CONDEMNEE FOR
30 ATTORNEY FEES UNDER SECTION 710 (RELATING TO LIMITED
20050H2054B3821 - 56 -
1 REIMBURSEMENT OF APPRAISAL, ATTORNEY AND ENGINEER FEES).
2 § 711. PAYMENT ON ACCOUNT OF INCREASED MORTGAGE COSTS.
3 (A) REIMBURSEMENT OF OWNER.--WHENEVER THE ACQUISITION OF
4 PROPERTY BY AN ACQUIRING AGENCY RESULTS IN THE TERMINATION OF AN
5 INSTALLMENT PURCHASE CONTRACT, MORTGAGE OR OTHER EVIDENCE OF
6 DEBT ON THE ACQUIRED PROPERTY, REQUIRING THE LEGAL OR EQUITABLE
7 OWNER TO ENTER INTO ANOTHER INSTALLMENT PURCHASE CONTRACT,
8 MORTGAGE OR OTHER EVIDENCE OF DEBT ON THE PROPERTY PURCHASED FOR
9 THE SAME USE AS THE ACQUIRED PROPERTY, A LEGAL OR EQUITABLE
10 OWNER WHO DOES NOT QUALIFY FOR A PAYMENT UNDER SECTION 903(A)(2)
11 (RELATING TO REPLACEMENT HOUSING FOR HOMEOWNERS) SHALL BE
12 COMPENSATED FOR ANY INCREASED INTEREST AND OTHER DEBT SERVICE
13 COSTS WHICH THE OWNER IS REQUIRED TO PAY FOR FINANCING THE
14 ACQUISITION OF THE REPLACEMENT PROPERTY.
15 (B) DETERMINATION OF AMOUNT.--
16 (1) COMPENSATION FOR ANY INCREASED INTEREST AND OTHER
17 DEBT SERVICE COSTS SHALL BE EQUAL TO THE EXCESS IN THE
18 AGGREGATE INTEREST AND OTHER DEBT SERVICE COSTS OF THAT
19 AMOUNT ON THE PRINCIPAL OF THE INSTALLMENT PURCHASE CONTRACT,
20 MORTGAGE OR OTHER EVIDENCE OF DEBT ON THE REPLACEMENT
21 PROPERTY WHICH IS EQUAL TO THE UNPAID BALANCE OF THE
22 INSTALLMENT PURCHASE CONTRACT, MORTGAGE OR OTHER EVIDENCE OF
23 DEBT ON THE ACQUIRED PROPERTY OVER THE REMAINING TERM OF THE
24 INSTALLMENT PURCHASE CONTRACT, MORTGAGE OR OTHER EVIDENCE OF
25 DEBT ON THE ACQUIRED PROPERTY REDUCED TO PRESENT WORTH.
26 (2) THE DISCOUNT RATE TO BE USED IN REDUCING TO PRESENT
27 WORTH SHALL BE THE PREVAILING INTEREST RATE PAID ON SAVINGS
28 DEPOSITS BY COMMERCIAL BANKS IN THE GENERAL AREA IN WHICH THE
29 REPLACEMENT PROPERTY IS LOCATED.
30 (3) THE AMOUNT SHALL BE PAID ONLY IF THE ACQUIRED
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1 PROPERTY WAS SUBJECT TO AN INSTALLMENT PURCHASE CONTRACT OR
2 ENCUMBERED BY A BONA FIDE MORTGAGE OR OTHER EVIDENCE OF DEBT
3 SECURED BY THE PROPERTY WHICH WAS A VALID LIEN ON THE
4 PROPERTY FOR NOT LESS THAN 180 DAYS PRIOR TO THE INITIATION
5 OF NEGOTIATIONS FOR THE ACQUISITION OF THE PROPERTY.
6 § 712. LOSS OF RENTALS BECAUSE OF IMMINENCE OF CONDEMNATION.
7 (A) GENERAL RULE.--THE CONDEMNEE SHALL BE ENTITLED TO
8 RECEIVE AS SPECIAL DAMAGES COMPENSATION FOR ANY LOSS, SUFFERED
9 PRIOR TO THE DATE OF TAKING, CAUSED BY A REDUCTION OF INCOME
10 FROM RENTALS WHICH THE CONDEMNEE ESTABLISHES WAS SUBSTANTIALLY
11 DUE TO THE GENERAL KNOWLEDGE OF THE IMMINENCE OF CONDEMNATION,
12 OTHER THAN THAT DUE TO PHYSICAL DETERIORATION OF THE PROPERTY
13 WITHIN THE REASONABLE CONTROL OF THE CONDEMNEE.
14 (B) APPLICABILITY.--THIS SECTION APPLIES ONLY TO LOSSES OF
15 RENTAL INCOME SUFFERED FOLLOWING A 60-DAY PERIOD SUBSEQUENT TO
16 WRITTEN NOTICE FROM THE CONDEMNEE TO THE CONDEMNOR THAT LOSSES
17 OF RENTAL INCOME ARE BEING SUFFERED. TOTAL DAMAGES UNDER THIS
18 SECTION SHALL NOT EXCEED $24,000.
19 § 713. DELAY COMPENSATION.
20 (A) GENERAL RULE.--COMPENSATION FOR DELAY IN PAYMENT SHALL
21 BE PAID AT AN ANNUAL RATE EQUAL TO THE PRIME RATE AS LISTED IN
22 THE FIRST EDITION OF THE WALL STREET JOURNAL PUBLISHED IN THE
23 YEAR, PLUS 1%, NOT COMPOUNDED, FROM:
24 (1) THE DATE OF RELINQUISHMENT OF POSSESSION OF THE
25 CONDEMNED PROPERTY BY THE CONDEMNEE; OR
26 (2) IF POSSESSION IS NOT REQUIRED TO EFFECTUATE
27 CONDEMNATION, THE DATE OF CONDEMNATION.
28 (B) EXCLUSION.--
29 (1) NO COMPENSATION FOR DELAY SHALL BE PAYABLE WITH
30 RESPECT TO FUNDS PAID ON ACCOUNT OR BY DEPOSIT IN COURT AFTER
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1 THE DATE OF THE PAYMENT OR DEPOSIT.
2 (2) DURING THE PERIOD THE CONDEMNEE REMAINS IN
3 POSSESSION AFTER THE CONDEMNATION:
4 (I) THE CONDEMNEE SHALL NOT BE ENTITLED TO
5 COMPENSATION FOR DELAY IN PAYMENT; AND
6 (II) THE CONDEMNOR SHALL NOT BE ENTITLED TO RENT OR
7 OTHER CHARGES FOR USE AND OCCUPANCY OF THE CONDEMNED
8 PROPERTY BY THE CONDEMNEE.
9 (C) AWARD OR JUDGMENT.--COMPENSATION FOR DELAY SHALL NOT BE
10 INCLUDED BY THE VIEWERS OR THE COURT OR JURY ON APPEAL AS PART
11 OF THE AWARD OR VERDICT BUT SHALL, AT THE TIME OF PAYMENT OF THE
12 AWARD OR JUDGMENT, BE CALCULATED UNDER SUBSECTION (A) AND ADDED
13 TO THE AWARD OR JUDGMENT. THERE SHALL BE NO FURTHER OR
14 ADDITIONAL PAYMENT OF INTEREST ON THE AWARD OR VERDICT.
15 § 714. CONSEQUENTIAL DAMAGES.
16 ALL CONDEMNORS, INCLUDING THE COMMONWEALTH, SHALL BE LIABLE
17 FOR DAMAGES TO PROPERTY ABUTTING THE AREA OF AN IMPROVEMENT
18 RESULTING FROM CHANGE OF GRADE OF A ROAD OR HIGHWAY, PERMANENT
19 INTERFERENCE WITH ACCESS OR INJURY TO SURFACE SUPPORT, WHETHER
20 OR NOT ANY PROPERTY IS TAKEN.
21 § 715. DAMAGES FOR VACATION OF ROADS.
22 WHENEVER A PUBLIC ROAD, STREET OR HIGHWAY IS VACATED, THE
23 AFFECTED OWNERS MAY RECOVER DAMAGES FOR ANY INJURIES SUSTAINED,
24 EVEN THOUGH NO LAND IS ACTUALLY TAKEN.
25 § 716. ATTEMPTED AVOIDANCE OF MONETARY JUST COMPENSATION.
26 WHERE A CONDEMNOR ATTEMPTS TO AVOID THE PAYMENT OF MONETARY
27 JUST COMPENSATION TO WHICH THE CONDEMNEE OTHERWISE WOULD BE
28 ENTITLED BY USE OF A SUBSTITUTE FOR MONETARY COMPENSATION AND
29 THE CONDEMNEE INCURS EXPENSES, INCLUDING APPRAISAL, ATTORNEY AND
30 ENGINEERING FEES, IN SECURING AN ADJUDICATION THAT THE
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1 SUBSTITUTE IS NOT ADEQUATE, THE CONDEMNEE SHALL BE REIMBURSED BY
2 THE CONDEMNOR FOR ALL THESE EXPENSES INCURRED.
3 CHAPTER 9
4 SPECIAL DAMAGES FOR DISPLACEMENT
5 SEC.
6 901. DEFINITIONS.
7 902. MOVING AND RELATED EXPENSES OF DISPLACED PERSONS.
8 903. REPLACEMENT HOUSING FOR HOMEOWNERS.
9 904. REPLACEMENT HOUSING FOR TENANTS AND OTHERS.
10 905. HOUSING REPLACEMENT AUTHORIZATION.
11 906. REGULATIONS.
12 907. PAYMENTS NOT TO BE CONSIDERED AS INCOME OR RESOURCES.
13 § 901. DEFINITIONS.
14 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
15 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
16 CONTEXT CLEARLY INDICATES OTHERWISE:
17 "ACQUIRING AGENCY." THE TERM INCLUDES AN AGENCY OR PERSON
18 THAT IS CARRYING OUT A PROGRAM OR PROJECT TO THE EXTENT THAT THE
19 AGENCY OR PERSON CAUSES A PERSON TO BECOME A DISPLACED PERSON.
20 § 902. MOVING AND RELATED EXPENSES OF DISPLACED PERSONS.
21 (A) REASONABLE EXPENSES INCURRED.--
22 (1) A DISPLACED PERSON SHALL BE REIMBURSED FOR
23 REASONABLE EXPENSES INCURRED IN MOVING THE DISPLACED PERSON
24 AND THE PERSON'S FAMILY AND FOR THE REMOVAL, TRANSPORTATION
25 AND REINSTALLATION OF PERSONAL PROPERTY.
26 (I) RECEIPTS SHALL BE PRIMA FACIE EVIDENCE OF
27 INCURRED REASONABLE MOVING EXPENSES.
28 (II) ANY DISPLACED PERSON WHO IS DISPLACED FROM A
29 DWELLING MAY ELECT TO RECEIVE, IN LIEU OF REIMBURSEMENT
30 OF INCURRED MOVING EXPENSES, A MOVING EXPENSE AND
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1 DISLOCATION ALLOWANCE DETERMINED ACCORDING TO A SCHEDULE
2 ESTABLISHED BY THE ACQUIRING AGENCY.
3 (2) AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS AND
4 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
5 PARAGRAPH:
6 "DISPLACED PERSON." INCLUDES A PERSON WHO MOVES FROM
7 REAL PROPERTY OR MOVES PERSONAL PROPERTY:
8 (I) AS A DIRECT RESULT OF A WRITTEN NOTICE OF INTENT
9 TO ACQUIRE OR THE ACQUISITION OF OTHER REAL PROPERTY, IN
10 WHOLE OR IN PART, ON WHICH THE PERSON CONDUCTS A BUSINESS
11 OR FARM OPERATION FOR A PROGRAM OR PROJECT UNDERTAKEN BY
12 AN ACQUIRING AGENCY; OR
13 (II) AS A DIRECT RESULT OF REHABILITATION,
14 DEMOLITION OR OTHER DISPLACING ACTIVITY OF OTHER REAL
15 PROPERTY ON WHICH SUCH PERSON CONDUCTS A BUSINESS OR A
16 FARM OPERATION UNDER A PROGRAM OR PROJECT UNDERTAKEN BY
17 AN ACQUIRING AGENCY IF THE DISPLACEMENT IS PERMANENT.
18 (B) DAMAGES FOR DISLOCATION OF BUSINESS OR FARM OPERATION.--
19 A DISPLACED PERSON WHO IS DISPLACED FROM A PLACE OF BUSINESS OR
20 FROM A FARM OPERATION SHALL BE ENTITLED, IN ADDITION TO ANY
21 PAYMENT RECEIVED UNDER SUBSECTION (A), TO DAMAGES FOR
22 DISLOCATION OF BUSINESS OR FARM OPERATION AS FOLLOWS:
23 (1) DAMAGES EQUAL TO THE VALUE IN PLACE OF THE PERSONAL
24 PROPERTY WHICH:
25 (I) IS NOT MOVED BECAUSE OF THE DISCONTINUANCE OF
26 THE BUSINESS OR FARM OPERATION OR THE UNAVAILABILITY OF A
27 COMPARABLE SITE FOR RELOCATION; OR
28 (II) CANNOT BE MOVED WITHOUT SUBSTANTIALLY
29 DESTROYING OR DIMINISHING ITS UTILITY IN THE RELOCATED
30 BUSINESS OR FARM OPERATION.
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1 (2) (I) IN LIEU OF THE DAMAGES PROVIDED IN PARAGRAPH
2 (1), AT THE OPTION OF THE DISPLACED PERSON, AN AMOUNT NOT
3 TO EXCEED $12,000 TO BE DETERMINED BY TAKING 50% OF THE
4 DIFFERENCE, IF ANY, BETWEEN THE ORIGINAL COST OF THE
5 PERSONAL PROPERTY TO THE DISPLACED PERSON OR THE
6 REPLACEMENT COST OF EQUIVALENT PROPERTY AT THE TIME OF
7 SALE, WHICHEVER IS LOWER, AND THE NET PROCEEDS OBTAINED
8 BY THE DISPLACED PERSON AT A COMMERCIALLY REASONABLE
9 PRIVATE OR PUBLIC SALE.
10 (II) IF THIS OPTION IS SELECTED, THE DISPLACED
11 PERSON SHALL GIVE THE ACQUIRING AGENCY NOT LESS THAN 60
12 DAYS' NOTICE IN WRITING OF INTENTION TO SEEK DAMAGES
13 UNDER THIS OPTION.
14 (III) THE DISPLACED PERSON SHALL NOT, DIRECTLY OR
15 INDIRECTLY, PURCHASE ANY OF THE PERSONAL PROPERTY AT
16 PRIVATE SALE. INVENTORY SHALL BE PAID FOR UNDER THIS
17 OPTION ONLY IF THE BUSINESS IS NOT RELOCATED.
18 (3) ACTUAL REASONABLE EXPENSES IN SEARCHING FOR A
19 REPLACEMENT BUSINESS OR FARM.
20 (4) ACTUAL REASONABLE EXPENSES NECESSARY TO REESTABLISH
21 A DISPLACED FARM, NONPROFIT ORGANIZATION OR SMALL BUSINESS AT
22 ITS NEW SITE, BUT NOT TO EXCEED $12,000. SITES OCCUPIED
23 SOLELY BY OUTDOOR ADVERTISING SIGNS, DISPLAYS OR DEVICES DO
24 NOT QUALIFY FOR THIS BENEFIT.
25 (5) (I) IN ADDITION TO DAMAGES UNDER SUBSECTION (A) AND
26 PARAGRAPHS (1), (2), (3) OR (4), DAMAGES IN AN AMOUNT
27 EQUAL TO THE AVERAGE ANNUAL NET EARNINGS BUT NOT MORE
28 THAN $60,000 NOR LESS THAN $3,000.
29 (II) PAYMENT SHALL BE MADE ONLY IF THE BUSINESS
30 CANNOT BE RELOCATED WITHOUT A SUBSTANTIAL LOSS OF PROFITS
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1 AND IF THE BUSINESS IS NOT PART OF A COMMERCIAL
2 ENTERPRISE HAVING MORE THAN THREE OTHER ENTITIES WHICH
3 ARE NOT BEING ACQUIRED BY THE ACQUIRING AGENCY AND WHICH
4 ARE UNDER THE SAME OWNERSHIP AND ARE ENGAGED IN THE SAME
5 OR SIMILAR BUSINESS ACTIVITIES.
6 (III) A PERSON WHOSE SOLE BUSINESS AT A DWELLING
7 FROM WHICH THE PERSON IS DISPLACED IS THE RENTAL OF SUCH
8 PROPERTY TO OTHERS SHALL NOT QUALIFY FOR A PAYMENT UNDER
9 THIS PARAGRAPH.
10 (IV) AS USED IN THIS PARAGRAPH, THE TERM "AVERAGE
11 ANNUAL NET EARNINGS" MEANS ONE-HALF OF ANY NET EARNINGS
12 OF THE BUSINESS OR FARM OPERATION BEFORE FEDERAL, STATE
13 AND LOCAL INCOME TAXES DURING THE TWO TAXABLE YEARS
14 IMMEDIATELY PRECEDING THE TAXABLE YEAR IN WHICH THE
15 BUSINESS OR FARM OPERATION MOVES FROM THE REAL PROPERTY
16 ACQUIRED FOR A PROJECT AND INCLUDES ANY COMPENSATION PAID
17 BY THE BUSINESS OR FARM OPERATION TO THE OWNER, A SPOUSE
18 OR DEPENDENTS DURING THIS PERIOD. THE REGULATIONS
19 PROMULGATED UNDER SECTION 906 (RELATING TO REGULATIONS)
20 MAY DESIGNATE ANOTHER PERIOD DETERMINED TO BE MORE
21 EQUITABLE FOR ESTABLISHING AVERAGE ANNUAL NET EARNINGS AS
22 LONG AS THE DESIGNATED PERIOD DOES NOT PRODUCE A LESSER
23 PAYMENT THAN WOULD BE PRODUCED BY USE OF THE LAST TWO
24 TAXABLE YEARS.
25 § 903. REPLACEMENT HOUSING FOR HOMEOWNERS.
26 (A) ADDITIONAL PAYMENTS TO CERTAIN HOMEOWNERS.--
27 (1) IN ADDITION TO PAYMENTS OTHERWISE AUTHORIZED, THE
28 ACQUIRING AGENCY SHALL MAKE AN ADDITIONAL PAYMENT NOT IN
29 EXCESS OF $27,000 TO ANY DISPLACED PERSON WHO IS DISPLACED
30 FROM A DWELLING ACTUALLY OWNED AND OCCUPIED BY THE DISPLACED
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1 PERSON FOR NOT LESS THAN 180 DAYS PRIOR TO THE INITIATION OF
2 NEGOTIATIONS FOR THE ACQUISITION OF THE PROPERTY OR THE
3 RECEIPT OF WRITTEN NOTICE FROM THE ACQUIRING AGENCY OF INTENT
4 TO ACQUIRE OR ORDER TO VACATE.
5 (2) THE ADDITIONAL PAYMENT SHALL INCLUDE THE FOLLOWING
6 ELEMENTS:
7 (I) THE AMOUNT, IF ANY, WHICH, WHEN ADDED TO THE
8 ACQUISITION COST OF THE ACQUIRED DWELLING, EQUALS THE
9 REASONABLE COST OF A COMPARABLE REPLACEMENT DWELLING
10 WHICH IS AVAILABLE TO THE DISPLACED PERSON ON THE PRIVATE
11 MARKET.
12 (II) THE AMOUNT, IF ANY, WHICH WILL COMPENSATE THE
13 DISPLACED PERSON FOR ANY INCREASED INTEREST AND OTHER
14 DEBT SERVICE COSTS WHICH THE PERSON IS REQUIRED TO PAY
15 FOR FINANCING THE ACQUISITION OF ANY COMPARABLE
16 REPLACEMENT DWELLING. THE AMOUNT SHALL BE PAID ONLY IF
17 THE ACQUIRED DWELLING WAS SUBJECT TO AN INSTALLMENT
18 PURCHASE CONTRACT OR ENCUMBERED BY A BONA FIDE
19 INSTALLMENT PURCHASE CONTRACT, MORTGAGE OR OTHER EVIDENCE
20 OF DEBT SECURED BY THE DWELLING WHICH WAS A VALID LIEN ON
21 SUCH DWELLING FOR NOT LESS THAN 180 DAYS IMMEDIATELY
22 PRIOR TO THE INITIATION OF NEGOTIATIONS FOR THE
23 ACQUISITION OF SUCH DWELLING.
24 (III) REASONABLE EXPENSES INCURRED BY THE DISPLACED
25 PERSON FOR EVIDENCE OF TITLE, RECORDING AND ATTORNEY
26 FEES, REAL PROPERTY TRANSFER TAXES AND OTHER CLOSING AND
27 RELATED COSTS INCIDENT TO THE PURCHASE AND FINANCING OF
28 THE REPLACEMENT DWELLING, BUT NOT INCLUDING PREPAID
29 EXPENSES.
30 (B) ONE-YEAR TIME PERIOD FOR PURCHASE OF REPLACEMENT
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1 DWELLING.--
2 (1) THE ADDITIONAL PAYMENT AUTHORIZED BY THIS SECTION
3 SHALL BE MADE ONLY TO A DISPLACED PERSON WHO PURCHASES AND
4 OCCUPIES A REPLACEMENT DWELLING, WHICH IS DECENT, SAFE,
5 SANITARY AND ADEQUATE TO ACCOMMODATE THE DISPLACED PERSON,
6 NOT LATER THAN THE END OF THE ONE-YEAR PERIOD BEGINNING ON
7 THE DATE ON WHICH THE PERSON RECEIVES FINAL PAYMENT OF FULL
8 ACQUISITION COST FOR THE ACQUIRED DWELLING OR ON THE DATE ON
9 WHICH THE PERSON MOVES FROM THE ACQUIRED DWELLING, WHICHEVER
10 IS LATER. REGULATIONS ISSUED UNDER SECTION 906 (RELATING TO
11 REGULATIONS) MAY PRESCRIBE SITUATIONS WHEN THE ONE-YEAR
12 PERIOD MAY BE EXTENDED.
13 (2) IF THE PERIOD IS EXTENDED, THE PAYMENT UNDER THIS
14 SECTION SHALL BE BASED ON THE COSTS OF RELOCATING THE PERSON
15 TO A COMPARABLE REPLACEMENT DWELLING WITHIN ONE YEAR OF THE
16 DATE ON WHICH THE PERSON RECEIVED FINAL PAYMENT OF FULL
17 ACQUISITION COSTS FOR THE ACQUIRED DWELLING.
18 (C) RIGHT OF ELECTION.--THE PERSON ENTITLED UNDER THIS
19 SECTION SHALL HAVE THE RIGHT TO ELECT THE BENEFITS AVAILABLE
20 UNDER SECTION 904 (RELATING TO REPLACEMENT HOUSING FOR TENANTS
21 AND OTHERS) IN LIEU OF THOSE PROVIDED BY THIS SECTION.
22 § 904. REPLACEMENT HOUSING FOR TENANTS AND OTHERS.
23 (A) PAYMENT TO CERTAIN DISPLACED PERSONS.--
24 (1) IN ADDITION TO AMOUNTS OTHERWISE AUTHORIZED, AN
25 ACQUIRING AGENCY SHALL MAKE A PAYMENT TO OR FOR ANY DISPLACED
26 PERSON DISPLACED FROM A DWELLING NOT ELIGIBLE TO RECEIVE A
27 PAYMENT UNDER SECTION 903 (RELATING TO REPLACEMENT HOUSING
28 FOR HOMEOWNERS), WHICH DWELLING WAS ACTUALLY AND LAWFULLY
29 OCCUPIED BY THE DISPLACED PERSON FOR NOT LESS THAN 90 DAYS
30 PRIOR TO THE INITIATION OF NEGOTIATIONS FOR ACQUISITION OF
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1 THE DWELLING OR THE RECEIPT OF WRITTEN NOTICE FROM THE
2 ACQUIRING AGENCY OF INTENT TO ACQUIRE OR ORDER TO VACATE. THE
3 PAYMENT SHALL BE THE AMOUNT DETERMINED TO BE NECESSARY TO
4 ENABLE THE DISPLACED PERSON TO LEASE A COMPARABLE REPLACEMENT
5 DWELLING FOR A PERIOD NOT TO EXCEED 42 MONTHS. THE AMOUNT
6 SHALL BE THE ADDITIONAL AMOUNT, IF ANY, OVER THE ACTUAL
7 RENTAL OR FAIR RENTAL VALUE OF THE ACQUIRED DWELLING, BUT NOT
8 MORE THAN $6,300.
9 (2) ANY PERSON ELIGIBLE FOR A PAYMENT UNDER PARAGRAPH
10 (1) MAY ELECT TO APPLY THE PAYMENT TO A DOWN PAYMENT ON, AND
11 OTHER INCIDENTAL EXPENSES PURSUANT TO, THE PURCHASE OF A
12 DECENT, SAFE AND SANITARY REPLACEMENT DWELLING.
13 (B) CONDITION OF PAYMENT.--THE ADDITIONAL PAYMENT AUTHORIZED
14 BY THIS SECTION SHALL BE MADE ONLY TO A DISPLACED PERSON WHO
15 OCCUPIES A REPLACEMENT DWELLING WHICH IS DECENT, SAFE AND
16 SANITARY.
17 § 905. HOUSING REPLACEMENT AUTHORIZATION.
18 (A) SHORT TITLE OF SECTION.--THIS SECTION SHALL BE KNOWN AND
19 MAY BE CITED AS THE HOUSING REPLACEMENT AUTHORIZATION ACT.
20 (B) HOUSING REPLACEMENTS BY ACQUIRING AGENCY AS LAST
21 RESORT.--
22 (1) IF COMPARABLE REPLACEMENT SALE OR RENTAL HOUSING IS
23 NOT AVAILABLE IN THE NEIGHBORHOOD OR COMMUNITY IN WHICH A
24 PROGRAM OR PROJECT IS LOCATED AND THIS HOUSING CANNOT
25 OTHERWISE BE MADE AVAILABLE, THE ACQUIRING AGENCY MAY
26 PURCHASE, CONSTRUCT, RECONSTRUCT OR OTHERWISE PROVIDE
27 REPLACEMENT HOUSING BY USE OF FUNDS AUTHORIZED FOR THE
28 PROGRAM OR PROJECT. FOR THIS PURPOSE, THE ACQUIRING AGENCY
29 MAY EXERCISE ITS POWER OF EMINENT DOMAIN TO ACQUIRE PROPERTY
30 IN FEE SIMPLE OR ANY LESSER ESTATE AS IT DEEMS ADVISABLE.
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1 (2) REPLACEMENT HOUSING PROVIDED UNDER THIS SECTION MAY
2 BE SOLD, LEASED OR OTHERWISE DISPOSED OF BY THE ACQUIRING
3 AGENCY, FOR OR WITHOUT CONSIDERATION, TO DISPLACED PERSONS OR
4 TO NONPROFIT, LIMITED DIVIDEND OR COOPERATIVE ORGANIZATIONS
5 OR PUBLIC BODIES, ON TERMS AND CONDITIONS AS THE ACQUIRING
6 AGENCY DEEMS NECESSARY AND PROPER TO EFFECT THE RELOCATION OF
7 PERSONS DISPLACED BY A PROGRAM OR PROJECT.
8 (3) THE ACQUIRING AGENCY MAY CONTRACT WITH OTHER PUBLIC
9 AGENCIES OR ANY PERSON FOR THE FINANCING, PLANNING,
10 ACQUISITION, DEVELOPMENT, CONSTRUCTION, MANAGEMENT, SALE,
11 LEASE OR OTHER DISPOSITION OF REPLACEMENT HOUSING PROVIDED
12 UNDER THIS SECTION.
13 (C) PLANNING AND OTHER PRELIMINARY EXPENSES FOR REPLACEMENT
14 HOUSING.--
15 (1) A GOVERNMENTAL ACQUIRING AGENCY MAY MAKE LOANS AND
16 GRANTS TO NONPROFIT, LIMITED DIVIDEND OR COOPERATIVE
17 ORGANIZATIONS OR PUBLIC BODIES FOR NECESSARY AND REASONABLE
18 EXPENSES, PRIOR TO CONSTRUCTION, FOR PLANNING AND OBTAINING
19 MORTGAGE FINANCING FOR THE REHABILITATION OR CONSTRUCTION OF
20 HOUSING FOR THESE DISPLACED PERSONS.
21 (2) THE LOANS AND GRANTS SHALL BE MADE PRIOR TO THE
22 AVAILABILITY OF FINANCING FOR ITEMS SUCH AS PRELIMINARY
23 SURVEYS AND ANALYSES OF MARKET NEEDS, PRELIMINARY SITE
24 ENGINEERING, PRELIMINARY ARCHITECTURAL FEES, LEGAL, APPRAISAL
25 AND ORGANIZATIONAL FEES, SITE ACQUISITION, APPLICATION AND
26 MORTGAGE COMMITMENT FEES, CONSTRUCTION LOAN FEES AND
27 DISCOUNTS AND SIMILAR ITEMS.
28 (3) LOANS TO AN ORGANIZATION ESTABLISHED FOR PROFIT
29 SHALL BEAR INTEREST AT MARKET RATE DETERMINED BY THE
30 ACQUIRING AGENCY. ALL OTHER LOANS AND GRANTS SHALL BE WITHOUT
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1 INTEREST.
2 (4) THE ACQUIRING AGENCY SHALL REQUIRE REPAYMENT OF
3 LOANS AND GRANTS MADE UNDER THIS SECTION, UNDER ANY TERMS AND
4 CONDITIONS IT REQUIRES, UPON COMPLETION OF THE PROJECT OR
5 SOONER. HOWEVER, EXCEPT IN THE CASE OF A LOAN TO AN
6 ORGANIZATION ESTABLISHED FOR PROFIT, THE ACQUIRING AGENCY MAY
7 CANCEL ANY PART OR ALL OF A LOAN AND MAY CANCEL THE REPAYMENT
8 PROVISIONS OF A GRANT IF IT DETERMINES THAT A PERMANENT LOAN
9 TO FINANCE THE REHABILITATION OR THE CONSTRUCTION OF THE
10 HOUSING CANNOT BE OBTAINED IN AN AMOUNT ADEQUATE FOR
11 REPAYMENT OF THE LOAN.
12 (D) AVAILABILITY OF FUNDS.--FUNDS, INCLUDING MOTOR LICENSE
13 FUNDS AND OTHER SPECIAL FUNDS, APPROPRIATED OR OTHERWISE
14 AVAILABLE TO ANY ACQUIRING AGENCY FOR A PROGRAM OR PROJECT,
15 WHICH RESULTS IN THE DISPLACEMENT OF ANY PERSON, SHALL BE
16 AVAILABLE ALSO FOR OBLIGATIONS AND EXPENDITURES TO CARRY OUT THE
17 PROVISIONS OF THIS SECTION.
18 § 906. REGULATIONS.
19 THE GENERAL COUNSEL MAY PROMULGATE REGULATIONS NECESSARY TO
20 ASSURE THAT:
21 (1) THE PAYMENTS AUTHORIZED BY THIS CHAPTER SHALL BE
22 MADE IN A MANNER WHICH IS FAIR AND REASONABLE AND AS UNIFORM
23 AS PRACTICABLE.
24 (2) A DISPLACED PERSON WHO MAKES PROPER APPLICATION FOR
25 A PAYMENT AUTHORIZED FOR THAT PERSON BY THIS CHAPTER SHALL BE
26 PAID PROMPTLY AFTER A MOVE OR, IN HARDSHIP CASES, BE PAID IN
27 ADVANCE.
28 (3) ANY PERSON AGGRIEVED BY A DETERMINATION AS TO
29 ELIGIBILITY FOR A PAYMENT AUTHORIZED BY THIS CHAPTER OR THE
30 AMOUNT OF A PAYMENT MAY ELECT TO HAVE THE APPLICATION
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1 REVIEWED BY THE HEAD OF THE ACQUIRING AGENCY.
2 (4) EACH DISPLACED PERSON SHALL RECEIVE THE MAXIMUM
3 PAYMENTS AUTHORIZED BY THIS CHAPTER.
4 (5) EACH ACQUIRING AGENCY MAY OBTAIN THE MAXIMUM FEDERAL
5 REIMBURSEMENT FOR RELOCATION PAYMENT AND ASSISTANCE COSTS
6 AUTHORIZED BY ANY FEDERAL LAW.
7 § 907. PAYMENTS NOT TO BE CONSIDERED AS INCOME OR RESOURCES.
8 NO PAYMENT RECEIVED BY A DISPLACED PERSON UNDER THIS CHAPTER
9 SHALL BE CONSIDERED AS INCOME OR RESOURCES FOR THE PURPOSE OF
10 DETERMINING THE ELIGIBILITY OR EXTENT OF ELIGIBILITY OF ANY
11 PERSON FOR ASSISTANCE UNDER ANY STATE LAW OR FOR THE PURPOSES OF
12 THE STATE OR LOCAL PERSONAL INCOME OR WAGE TAX LAWS, CORPORATION
13 TAX LAWS OR OTHER TAX LAWS. NO PAYMENTS UNDER THIS CHAPTER
14 EXCEPT THOSE PROVIDED FOR IN SECTION 902(B) (RELATING TO MOVING
15 AND RELATED EXPENSES OF DISPLACED PERSONS) SHALL BE SUBJECT TO
16 ATTACHMENT OR EXECUTION AT LAW OR IN EQUITY.
17 CHAPTER 11
18 EVIDENCE
19 SEC.
20 1101. VIEWERS' HEARING.
21 1102. CONDEMNOR'S EVIDENCE BEFORE VIEWERS.
22 1103. TRIAL IN COURT ON APPEAL.
23 1104. COMPETENCY OF CONDEMNEE AS WITNESS.
24 1105. EVIDENCE GENERALLY.
25 1106. USE OF CONDEMNED PROPERTY.
26 § 1101. VIEWERS' HEARING.
27 THE VIEWERS MAY HEAR TESTIMONY, RECEIVE EVIDENCE AND MAKE
28 INDEPENDENT INVESTIGATION AS THEY DEEM APPROPRIATE, WITHOUT
29 BEING BOUND BY FORMAL RULES OF EVIDENCE.
30 § 1102. CONDEMNOR'S EVIDENCE BEFORE VIEWERS.
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1 THE CONDEMNOR SHALL, AT THE HEARING BEFORE THE VIEWERS,
2 PRESENT EXPERT TESTIMONY OF THE AMOUNT OF DAMAGES SUFFERED BY
3 THE CONDEMNEE.
4 § 1103. TRIAL IN COURT ON APPEAL.
5 AT THE TRIAL IN COURT ON APPEAL:
6 (1) EITHER PARTY MAY, AS A MATTER OF RIGHT, HAVE THE
7 JURY OR THE JUDGE IN A TRIAL WITHOUT A JURY VIEW THE PROPERTY
8 INVOLVED, NOTWITHSTANDING THAT STRUCTURES HAVE BEEN
9 DEMOLISHED OR THE SITE ALTERED, AND THE VIEW SHALL BE
10 EVIDENTIARY. IF THE TRIAL IS WITH A JURY, THE TRIAL JUDGE
11 SHALL ACCOMPANY THE JURY ON THE VIEW.
12 (2) IF ANY VALUATION EXPERT WHO HAS NOT PREVIOUSLY
13 TESTIFIED BEFORE THE VIEWERS IS TO TESTIFY, THE PARTY CALLING
14 THE EXPERT MUST DISCLOSE THE EXPERT'S NAME AND SERVE A
15 STATEMENT OF THE VALUATION OF THE PROPERTY BEFORE AND AFTER
16 THE CONDEMNATION AND THE EXPERT'S OPINION OF THE HIGHEST AND
17 BEST USE OF THE PROPERTY BEFORE THE CONDEMNATION AND OF ANY
18 PART REMAINING AFTER THE CONDEMNATION ON THE OPPOSING PARTY
19 AT LEAST TEN DAYS BEFORE THE COMMENCEMENT OF THE TRIAL.
20 (3) THE REPORT OF THE VIEWERS AND THE AMOUNT OF THEIR
21 AWARD SHALL NOT BE ADMISSIBLE AS EVIDENCE.
22 § 1104. COMPETENCY OF CONDEMNEE AS WITNESS.
23 THE CONDEMNEE OR AN OFFICER OF A CORPORATE CONDEMNEE, WITHOUT
24 FURTHER QUALIFICATION, MAY TESTIFY AS TO JUST COMPENSATION
25 WITHOUT COMPLIANCE WITH THE PROVISIONS OF SECTION 1103(2)
26 (RELATING TO TRIAL IN COURT ON APPEAL).
27 § 1105. EVIDENCE GENERALLY.
28 AT THE HEARING BEFORE THE VIEWERS OR AT THE TRIAL IN COURT ON
29 APPEAL:
30 (1) A QUALIFIED VALUATION EXPERT MAY, ON DIRECT OR
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1 CROSS-EXAMINATION, STATE ANY OR ALL FACTS AND DATA WHICH THE
2 EXPERT CONSIDERED IN ARRIVING AT AN OPINION, WHETHER OR NOT
3 THE EXPERT HAS PERSONAL KNOWLEDGE OF THE FACTS AND DATA; AND
4 A STATEMENT OF THE FACTS AND DATA AND THE SOURCES OF
5 INFORMATION SHALL BE SUBJECT TO IMPEACHMENT AND REBUTTAL.
6 (2) A QUALIFIED VALUATION EXPERT MAY, ON DIRECT OR
7 CROSS-EXAMINATION, TESTIFY IN DETAIL AS TO THE VALUATION OF
8 THE PROPERTY ON A COMPARABLE MARKET VALUE, REPRODUCTION COST
9 OR CAPITALIZATION BASIS, WHICH TESTIMONY MAY INCLUDE, BUT
10 SHALL NOT BE LIMITED TO, THE FOLLOWING:
11 (I) THE PRICE AND OTHER TERMS OF ANY SALE OR
12 CONTRACT TO SELL THE CONDEMNED PROPERTY OR COMPARABLE
13 PROPERTY MADE WITHIN A REASONABLE TIME BEFORE OR AFTER
14 THE DATE OF CONDEMNATION.
15 (II) THE RENT RESERVED AND OTHER TERMS OF ANY LEASE
16 OF THE CONDEMNED PROPERTY OR COMPARABLE PROPERTY WHICH
17 WAS IN EFFECT WITHIN A REASONABLE TIME BEFORE OR AFTER
18 THE DATE OF CONDEMNATION.
19 (III) THE CAPITALIZATION OF THE NET RENTAL OR
20 REASONABLE NET RENTAL VALUE OF THE CONDEMNED PROPERTY,
21 INCLUDING REASONABLE NET RENTAL VALUES CUSTOMARILY
22 DETERMINED BY A PERCENTAGE OR OTHER MEASURABLE PORTION OF
23 GROSS SALES OR GROSS INCOME OF A BUSINESS WHICH MAY
24 REASONABLY BE CONDUCTED ON THE PREMISES, AS DISTINGUISHED
25 FROM THE CAPITALIZED VALUE OF THE INCOME OR PROFITS
26 ATTRIBUTABLE TO ANY BUSINESS CONDUCTED ON THE PREMISES OF
27 THE CONDEMNED PROPERTY.
28 (IV) THE VALUE OF THE LAND TOGETHER WITH THE COST OF
29 REPLACING OR REPRODUCING THE EXISTING IMPROVEMENTS LESS
30 DEPRECIATION OR OBSOLESCENCE.
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1 (V) THE COST OF ADJUSTMENTS AND ALTERATIONS TO ANY
2 REMAINING PROPERTY MADE NECESSARY OR REASONABLY REQUIRED
3 BY THE CONDEMNATION.
4 (3) EITHER PARTY MAY SHOW THE DIFFERENCE BETWEEN THE
5 CONDITION OF THE PROPERTY AND OF THE IMMEDIATE NEIGHBORHOOD
6 AT THE TIME OF CONDEMNATION AND AT THE TIME OF VIEW, EITHER
7 BY THE VIEWERS OR JURY.
8 (4) THE ASSESSED VALUATIONS OF PROPERTY CONDEMNED SHALL
9 NOT BE ADMISSIBLE IN EVIDENCE FOR ANY PURPOSE.
10 (5) A QUALIFIED VALUATION EXPERT MAY TESTIFY THAT THE
11 EXPERT HAS RELIED UPON THE WRITTEN REPORT OF ANOTHER EXPERT
12 AS TO THE COST OF ADJUSTMENTS AND ALTERATIONS TO ANY
13 REMAINING PROPERTY MADE NECESSARY OR REASONABLY REQUIRED BY
14 THE CONDEMNATION, BUT ONLY IF A COPY OF THE WRITTEN REPORT
15 HAS BEEN FURNISHED TO THE OPPOSING PARTY TEN DAYS IN ADVANCE
16 OF THE TRIAL.
17 (6) IF OTHERWISE QUALIFIED, A VALUATION EXPERT SHALL NOT
18 BE DISQUALIFIED BY REASON OF NOT HAVING MADE SALES OF
19 PROPERTY OR NOT HAVING EXAMINED THE CONDEMNED PROPERTY PRIOR
20 TO THE CONDEMNATION IF THE EXPERT CAN SHOW HE HAS ACQUIRED
21 KNOWLEDGE OF ITS CONDITION AT THE TIME OF THE CONDEMNATION.
22 § 1106. USE OF CONDEMNED PROPERTY.
23 IN ARRIVING AT A VALUATION OF THE REMAINING PART OF THE
24 PROPERTY IN A PARTIAL CONDEMNATION, AN EXPERT WITNESS MAY
25 CONSIDER AND TESTIFY TO THE USE TO WHICH THE CONDEMNED PROPERTY
26 IS INTENDED TO BE PUT BY THE CONDEMNOR.
27 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
28 § 702.1. EXPEDITED APPEALS IN EMINENT DOMAIN PROCEEDINGS.
29 WHEN A COURT IN AN EMINENT DOMAIN PROCEEDING RULES ON
30 PRELIMINARY OBJECTIONS TO A DECLARATION OF TAKING AND IS OF THE
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1 OPINION THAT THE MATTERS INVOLVED ARE OF IMMEDIATE PUBLIC
2 IMPORTANCE, IT SHALL, UPON REQUEST OF A PARTY, SO STATE IN THE
3 ORDER. IF AN APPEAL IS TAKEN FROM THAT ORDER, THE APPELLATE
4 COURT SHALL GIVE PRIORITY TO THE DETERMINATION OF THE ISSUES
5 RAISED BY THE APPEAL.
6 SECTION 3. SECTIONS 5526(4), 5527, 5530(A)(3) AND 6121 OF
7 TITLE 42 ARE AMENDED TO READ:
8 § 5526. FIVE YEAR LIMITATION.
9 THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE COMMENCED
10 WITHIN FIVE YEARS:
11 * * *
12 [(4) A PROCEEDING IN INVERSE CONDEMNATION, IF PROPERTY
13 HAS BEEN INJURED BUT NO PART THEREOF HAS BEEN TAKEN, OR IF
14 THE CONDEMNOR HAS MADE PAYMENT IN ACCORDANCE WITH SECTION
15 407(A) OR (B) (RELATING TO POSSESSION AND PAYMENT OF
16 COMPENSATION) OF THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.84,
17 NO.6), KNOWN AS THE "EMINENT DOMAIN CODE."]
18 § 5527. SIX YEAR LIMITATION.
19 (A) EMINENT DOMAIN.--
20 (1) (I) IF A CONDEMNOR HAS FILED A DECLARATION OF
21 TAKING, A PETITION FOR THE APPOINTMENT OF VIEWERS FOR THE
22 ASSESSMENT OF DAMAGES UNDER TITLE 26 (RELATING TO EMINENT
23 DOMAIN) MUST BE FILED WITHIN SIX YEARS FROM THE DATE ON
24 WHICH THE CONDEMNOR FIRST MADE PAYMENT IN ACCORDANCE WITH
25 26 PA.C.S. § 307(A) OR (B) (RELATING TO POSSESSION, RIGHT
26 OF ENTRY AND PAYMENT OF COMPENSATION).
27 (II) IF PAYMENT IS NOT REQUIRED TO BE MADE UNDER 26
28 PA.C.S. § 307(A) TO OBTAIN POSSESSION, A PETITION FOR THE
29 APPOINTMENT OF VIEWERS MUST BE FILED WITHIN SIX YEARS OF
30 THE FILING OF THE DECLARATION OF TAKING.
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1 (2) IF THE CONDEMNOR HAS NOT FILED A DECLARATION OF
2 TAKING, A PETITION FOR THE APPOINTMENT OF VIEWERS FOR THE
3 ASSESSMENT OF DAMAGES UNDER TITLE 26 MUST BE FILED WITHIN SIX
4 YEARS FROM THE DATE ON WHICH THE ASSERTED TAKING, INJURY OR
5 DESTRUCTION OF THE PROPERTY OCCURRED OR COULD REASONABLY HAVE
6 BEEN DISCOVERED BY THE CONDEMNEE.
7 (B) OTHER CIVIL ACTION OR PROCEEDING.--ANY CIVIL ACTION OR
8 PROCEEDING WHICH IS NEITHER SUBJECT TO ANOTHER LIMITATION
9 SPECIFIED IN THIS SUBCHAPTER NOR EXCLUDED FROM THE APPLICATION
10 OF A PERIOD OF LIMITATION BY SECTION 5531 (RELATING TO NO
11 LIMITATION) MUST BE COMMENCED WITHIN SIX YEARS.
12 § 5530. TWENTY-ONE YEAR LIMITATION.
13 (A) GENERAL RULE.--THE FOLLOWING ACTIONS AND PROCEEDINGS
14 MUST BE COMMENCED WITHIN 21 YEARS:
15 * * *
16 [(3) A PROCEEDING IN INVERSE CONDEMNATION, IF PROPERTY
17 HAS BEEN TAKEN AND THE CONDEMNOR HAS NOT MADE PAYMENT IN
18 ACCORDANCE WITH SECTION 407(A) OR (B) (RELATING TO POSSESSION
19 AND PAYMENT OF COMPENSATION) OF THE ACT OF JUNE 22, 1964
20 (SP.SESS., P.L.84, NO.6), KNOWN AS THE "EMINENT DOMAIN
21 CODE."]
22 * * *
23 § 6121. EMINENT DOMAIN MATTERS.
24 EMINENT DOMAIN MATTERS SHALL BE GOVERNED BY THE PROVISIONS OF
25 [ARTICLE VII (RELATING TO EVIDENCE) OF THE ACT OF JUNE 22, 1964
26 (SP.SESS., P.L.84, NO.6), KNOWN AS THE "EMINENT DOMAIN CODE,"]
27 26 PA.C.S. CH. 11 (RELATING TO EVIDENCE) IN ADDITION TO THE
28 PROVISIONS OF THIS CHAPTER.
29 SECTION 4. SECTION 1505 OF TITLE 51 IS AMENDED TO READ:
30 § 1505. DONATION OF LAND BY POLITICAL SUBDIVISIONS.
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1 IT SHALL BE LAWFUL FOR ANY COUNTY, CITY, BOROUGH, TOWN OR
2 TOWNSHIP TO ACQUIRE BY PURCHASE OR BY GIFT, OR BY THE RIGHT OF
3 EMINENT DOMAIN, ANY LAND FOR THE USE OF THE PENNSYLVANIA
4 NATIONAL GUARD, AND TO CONVEY SUCH LANDS SO ACQUIRED TO THE
5 COMMONWEALTH OF PENNSYLVANIA. THE PROCEEDINGS FOR THE
6 CONDEMNATION OF LANDS UNDER THE PROVISIONS OF THIS CHAPTER AND
7 FOR THE ASSESSMENT OF DAMAGES FOR THE PROPERTY TAKEN, INJURED OR
8 DESTROYED SHALL BE TAKEN IN THE SAME MANNER AS IS NOW PROVIDED
9 BY [THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.84, NO.6), KNOWN AS
10 THE "EMINENT DOMAIN CODE."] TITLE 26 (RELATING TO EMINENT
11 DOMAIN).
12 SECTION 5. REPEALS ARE AS FOLLOWS:
13 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
14 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE AMENDMENT OR
15 ADDITION OF 26 PA.C.S. CHS. 1, 3, 5, 7, 9 AND 11 AND 42
16 PA.C.S. §§ 702.1, 5526(4), 5527, 5530(A)(3) AND 6121.
17 (2) THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED:
18 SECTION 2003(E)(2)(I)(B) OF THE ACT OF APRIL 9, 1929
19 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
20 1929.
21 ACT OF JUNE 22, 1964 (SP.SESS., P.L.84, NO.6), KNOWN
22 AS THE EMINENT DOMAIN CODE.
23 ACT OF DECEMBER 29, 1971 (P.L.646, NO.170), ENTITLED
24 "AN ACT TO ALLOW FOR THE PROVISION OF RELOCATION
25 ASSISTANCE AND THE PAYMENT OF RELOCATION BENEFITS UNDER
26 FEDERALLY ASSISTED PROGRAMS TO PERSONS WHO WOULD NOT
27 QUALIFY FOR SUCH PAYMENTS UNDER THE EMINENT DOMAIN CODE
28 OF THE COMMONWEALTH OF PENNSYLVANIA."
29 ACT OF DECEMBER 6, 1972 (P.L.1410, NO.304), KNOWN AS
30 THE HOUSING REPLACEMENT AUTHORIZATION ACT.
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1 AS MUCH OF SECTION 302(A) OF THE ACT OF DECEMBER 21,
2 1988 (P.L.1444, NO.177), KNOWN AS THE GENERAL ASSOCIATION
3 ACT OF 1988, AS READS AS FOLLOWS: "A COURT MAY ISSUE A
4 WRIT OF POSSESSION TO THE CONDEMNOR PRIOR TO THE
5 DISPOSITION OF PRELIMINARY OBJECTIONS WHICH CHALLENGE THE
6 VALIDITY OF A CONDEMNATION OF RIGHTS-OF-WAY OR EASEMENTS
7 FOR OCCUPATION BY WATER, ELECTRIC, GAS, OIL AND/OR
8 PETROLEUM PRODUCTS, TELEPHONE OR TELEGRAPH LINES USED
9 DIRECTLY OR INDIRECTLY IN FURNISHING SERVICE TO THE
10 PUBLIC, AND IF IT SHALL BE DETERMINED FINALLY THAT THE
11 CONDEMNATION IS INVALID IN WHOLE OR IN PART, THE AFFECTED
12 OWNERS MAY RECOVER DAMAGES FOR ANY INJURIES SUSTAINED
13 THEREBY AND SHALL BE ENTITLED TO SUCH EQUITABLE RELIEF AS
14 MAY BE APPROPRIATE IN THE CIRCUMSTANCES."
15 (3) EXCEPT AS TO THE MEASURE OF DAMAGES PRESCRIBED BY 26
16 PA.C.S. CH. 7, NOTHING IN THIS ACT SHALL REPEAL, MODIFY OR
17 SUPPLANT ARTICLES XXVII, XXVIII AND XXIX OF THE ACT OF JULY
18 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND CLASS COUNTY
19 CODE, AS THEY ARE APPLICABLE TO PROCEDURES IN THE COURT OF
20 COMMON PLEAS WITH RESPECT TO BRIDGES, VIADUCTS, CULVERTS AND
21 ROADS.
22 (4) THE FOLLOWING PROVISIONS ARE SAVED FROM REPEAL:
23 SECTION 2003(E)(7) OF THE ACT OF APRIL 9, 1929
24 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
25 1929.
26 15 PA.C.S. § 1511(G)(2).
27 (5) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED
28 INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
29 SECTION 6. APPLICABILITY SHALL BE AS FOLLOWS:
30 (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OR (4), THIS ACT
20050H2054B3821 - 76 -
1 SHALL APPLY TO ALL CONDEMNATIONS EFFECTED ON OR AFTER THE
2 EFFECTIVE DATE OF THIS SECTION.
3 (2) THE ADDITION OF 26 PA.C.S. § 710.1 SHALL APPLY TO
4 ALL OF THE FOLLOWING:
5 (I) ACTIONS FILED ON OR AFTER THE EFFECTIVE DATE OF
6 THIS SECTION.
7 (II) AN ACTION PENDING ON THE EFFECTIVE DATE OF THIS
8 SECTION IN WHICH:
9 (A) A FINAL AWARD OR JUDGMENT HAS NOT BEEN
10 DETERMINED; AND
11 (B) THE CONDEMNOR HAS THE OPPORTUNITY TO PAY OR
12 TENDER A REVISED ESTIMATED JUST COMPENSATION TO THE
13 CONDEMNEE BEFORE THE DETERMINATION OF THE FINAL AWARD
14 OR JUDGMENT.
15 (3) THE ADDITION OF 26 PA.C.S. § 713(A) SHALL APPLY TO
16 ALL PERIODS OF TIME AFTER THE EFFECTIVE DATE OF THIS SECTION
17 WITH RESPECT TO CONDEMNATIONS EFFECTED PRIOR TO THE EFFECTIVE
18 DATE OF THIS SECTION.
19 (4) THE AMENDMENT OF 42 PA.C.S. §§ 5526(4), 5527 AND
20 5530(A)(3) SHALL APPLY ONLY TO CAUSES OF ACTION WHICH ACCRUE
21 AFTER THE EFFECTIVE DATE OF THIS SECTION.
22 SECTION 7. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
23 § 101. SHORT TITLE OF TITLE. <--
24 THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE EMINENT
25 DOMAIN CODE.
26 § 102. APPLICATION OF TITLE.
27 (A) GENERAL RULE.--THIS TITLE PROVIDES A COMPLETE AND
28 EXCLUSIVE PROCEDURE AND LAW TO GOVERN ALL CONDEMNATIONS OF
29 PROPERTY FOR PUBLIC PURPOSES AND THE ASSESSMENT OF DAMAGES.
30 (B) CONSTRUCTION.--NOTHING IN THIS TITLE SHALL BE CONSTRUED:
20050H2054B3821 - 77 -
1 (1) TO AFFECT THE JURISDICTION OR POWER OF THE
2 PENNSYLVANIA PUBLIC UTILITY COMMISSION OR ANY STATUTE
3 PROVIDING FOR THE ASSESSMENT OF BENEFITS FOR PUBLIC
4 IMPROVEMENTS ON THE PROPERTIES BENEFITED.
5 (2) TO ENLARGE OR DIMINISH THE POWER OF CONDEMNATION
6 GIVEN BY LAW TO ANY CONDEMNOR.
7 § 103. DEFINITIONS.
8 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
9 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
10 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
11 USED IN THIS TITLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
12 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
13 "ACQUIRING AGENCY." ANY ENTITY, INCLUDING THE COMMONWEALTH,
14 VESTED WITH THE POWER OF EMINENT DOMAIN BY THE LAWS OF THIS
15 COMMONWEALTH. THIS DEFINITION IS SUBJECT TO SECTION 901
16 (RELATING TO DEFINITIONS).
17 "ACQUISITION COST." GENERAL DAMAGES OR, IN THE EVENT OF
18 AMICABLE ACQUISITION, THE PRICE PAID BY THE ACQUIRING AGENCY.
19 "BUSINESS." ANY LAWFUL ACTIVITY, EXCEPT A FARM OPERATION,
20 CONDUCTED:
21 (1) PRIMARILY FOR THE PURCHASE, SALE, LEASE OR RENTAL OF
22 PERSONAL OR REAL PROPERTY OR FOR THE MANUFACTURE, PROCESSING
23 OR MARKETING OF PRODUCTS, COMMODITIES OR ANY OTHER PERSONAL
24 PROPERTY;
25 (2) PRIMARILY FOR THE SALE OF SERVICES TO THE PUBLIC;
26 (3) PRIMARILY FOR OUTDOOR ADVERTISING DISPLAY PURPOSES,
27 IF THE DISPLAY MUST BE MOVED AS A RESULT OF THE PROJECT; OR
28 (4) BY A NONPROFIT ORGANIZATION.
29 "COMPARABLE REPLACEMENT DWELLING." A DWELLING THAT IS:
30 (1) DECENT, SAFE AND SANITARY.
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1 (2) ADEQUATE IN SIZE TO ACCOMMODATE THE OCCUPANTS.
2 (3) WITHIN THE FINANCIAL MEANS OF THE DISPLACED PERSON.
3 (4) FUNCTIONALLY EQUIVALENT.
4 (5) IN AN AREA NOT SUBJECT TO UNREASONABLE ADVERSE
5 ENVIRONMENTAL CONDITIONS.
6 (6) IN A LOCATION GENERALLY NOT LESS DESIRABLE THAN THE
7 LOCATION OF THE DISPLACED PERSON'S DWELLING WITH RESPECT TO
8 PUBLIC UTILITIES, FACILITIES, SERVICES AND THE DISPLACED
9 PERSON'S PLACE OF EMPLOYMENT.
10 "CONDEMN." TO TAKE, INJURE OR DESTROY PROPERTY BY AUTHORITY
11 OF LAW FOR A PUBLIC PURPOSE.
12 "CONDEMNEE." THE OWNER OF A PROPERTY INTEREST TAKEN, INJURED
13 OR DESTROYED. THE TERM DOES NOT INCLUDE A MORTGAGEE, JUDGMENT
14 CREDITOR OR OTHER LIENHOLDER.
15 "CONDEMNOR." THE ACQUIRING AGENCY, INCLUDING THE
16 COMMONWEALTH, THAT TAKES, INJURES OR DESTROYS PROPERTY BY
17 AUTHORITY OF LAW FOR A PUBLIC PURPOSE.
18 "COURT." THE COURT OF COMMON PLEAS.
19 "DISPLACED PERSON."
20 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), ANY OF
21 THE FOLLOWING:
22 (I) A CONDEMNEE OR OTHER PERSON THAT MOVES FROM REAL
23 PROPERTY OR MOVES PERSONAL PROPERTY FROM REAL PROPERTY:
24 (A) AS A DIRECT RESULT OF A WRITTEN NOTICE OF
25 INTENT TO ACQUIRE OR THE ACQUISITION OF THE REAL
26 PROPERTY, IN WHOLE OR IN PART, FOR A PROGRAM OR
27 PROJECT UNDERTAKEN BY AN ACQUIRING AGENCY; OR
28 (B) ON WHICH SUCH PERSON IS A RESIDENTIAL TENANT
29 OR CONDUCTS A SMALL BUSINESS OR A FARM OPERATION AS A
30 DIRECT RESULT OF REHABILITATION, DEMOLITION OR OTHER
20050H2054B3821 - 79 -
1 DISPLACING ACTIVITY FOR A PROGRAM OR PROJECT
2 UNDERTAKEN BY AN ACQUIRING AGENCY IF THE DISPLACEMENT
3 IS PERMANENT.
4 (II) A PERSON THAT WAS IN OCCUPANCY OF THE REAL
5 PROPERTY ON OR BEFORE THE DATE OF ACQUISITION,
6 NOTWITHSTANDING THE TERMINATION OR EXPIRATION OF A LEASE
7 ENTERED INTO BEFORE OR AFTER THE EVENT GIVING RISE TO THE
8 DISPLACEMENT.
9 (2) THE TERM DOES NOT INCLUDE ANY OF THE FOLLOWING:
10 (I) A PERSON THAT UNLAWFULLY OCCUPIES THE
11 DISPLACEMENT PROPERTY OR OCCUPIED THE PROPERTY FOR THE
12 PURPOSE OF OBTAINING ASSISTANCE UNDER THIS TITLE.
13 (II) IN ANY CASE IN WHICH THE ACQUIRING AGENCY
14 ACQUIRES REAL PROPERTY FOR A PROGRAM OR PROJECT, A
15 PERSON, OTHER THAN A PERSON THAT WAS AN OCCUPANT OF THE
16 PROPERTY AT THE TIME IT WAS ACQUIRED, THAT OCCUPIES THE
17 PROPERTY ON A RENTAL BASIS FOR A SHORT TERM OR A PERIOD
18 SUBJECT TO TERMINATION WHEN THE PROPERTY IS NEEDED FOR
19 THE PROGRAM OR PROJECT.
20 (3) THIS DEFINITION IS SUBJECT TO SECTION 902(A)(2)
21 (RELATING TO MOVING AND RELATED EXPENSES OF DISPLACED
22 PERSONS).
23 "FARM OPERATION." ANY ACTIVITY CONDUCTED SOLELY OR PRIMARILY
24 FOR THE PRODUCTION OF ONE OR MORE AGRICULTURAL PRODUCTS OR
25 COMMODITIES, INCLUDING TIMBER, FOR SALE OR HOME USE AND
26 CUSTOMARILY PRODUCING THESE PRODUCTS OR COMMODITIES IN
27 SUFFICIENT QUANTITY TO BE CAPABLE OF CONTRIBUTING MATERIALLY TO
28 THE OPERATOR'S SUPPORT.
29 "NATURAL DISASTER." A DISASTER OFFICIALLY DECLARED AS A
30 NATURAL DISASTER BY THE GOVERNOR.
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1 "PERSONAL PROPERTY." ANY TANGIBLE PROPERTY NOT CONSIDERED TO
2 BE REAL PROPERTY FOR PURPOSES OF GENERAL DAMAGES UNDER THE LAWS
3 OF THIS COMMONWEALTH.
4 "PROGRAM OR PROJECT." ANY PROGRAM OR PROJECT UNDERTAKEN BY
5 OR FOR AN ACQUIRING AGENCY AS TO WHICH IT HAS THE AUTHORITY TO
6 EXERCISE THE POWER OF EMINENT DOMAIN.
7 "SMALL BUSINESS." A BUSINESS THAT HAS LESS THAN 501
8 EMPLOYEES WHO ARE:
9 (1) WORKING AT THE SITE BEING ACQUIRED; OR
10 (2) PERMANENTLY DISPLACED BY A PROGRAM OR PROJECT.
11 "UTILITY." A PUBLIC UTILITY AS DEFINED IN 66 PA.C.S. § 102
12 (RELATING TO DEFINITIONS).
13 CHAPTER 2
14 LIMITATIONS ON USE OF EMINENT DOMAIN
15 SEC.
16 201. SHORT TITLE OF CHAPTER.
17 202. DEFINITIONS.
18 203. APPLICABILITY.
19 204. EMINENT DOMAIN FOR PRIVATE BUSINESS PROHIBITED.
20 205. BLIGHT.
21 206. EXTRATERRITORIAL TAKINGS.
22 207. EMINENT DOMAIN OF AGRICULTURAL PROPERTY.
23 § 201. SHORT TITLE OF CHAPTER.
24 (RESERVED).
25 § 202. DEFINITIONS.
26 (RESERVED).
27 § 203. APPLICABILITY.
28 (RESERVED).
29 § 204. EMINENT DOMAIN FOR PRIVATE BUSINESS PROHIBITED.
30 (RESERVED).
20050H2054B3821 - 81 -
1 § 205. BLIGHT.
2 (RESERVED).
3 § 206. EXTRATERRITORIAL TAKINGS.
4 (RESERVED).
5 § 207. EMINENT DOMAIN OF AGRICULTURAL PROPERTY.
6 (A) APPROVAL REQUIRED.--NOTWITHSTANDING ANY PROVISION OF LAW
7 TO THE CONTRARY, APPROVAL BY THE AGRICULTURAL LANDS CONDEMNATION
8 APPROVAL BOARD SHALL BE REQUIRED PRIOR TO THE EXERCISE OF
9 EMINENT DOMAIN AUTHORITY BY ANY AGENCY OF THE COMMONWEALTH OR
10 POLITICAL SUBDIVISION OR MUNICIPAL AUTHORITY ON AGRICULTURAL
11 PROPERTY UNDER SECTION 204(B)(3) (RELATING TO EMINENT DOMAIN FOR
12 PRIVATE BUSINESS PROHIBITED) OR 205 (RELATING TO BLIGHT).
13 APPROVAL SHALL BE OBTAINED IN ACCORDANCE WITH SECTION 13 OF THE
14 ACT OF JUNE 30, 1981 (P.L.128, NO.43), KNOWN AS THE AGRICULTURAL
15 AREA SECURITY LAW.
16 (B) DETERMINATION OF BLIGHT.--THE EXERCISE OF EMINENT DOMAIN
17 POWERS BASED ON A CONDITION OF THE AGRICULTURAL PROPERTY SHALL
18 NOT BE AUTHORIZED UNDER SECTION 205 UNLESS THE AGRICULTURAL
19 LANDS CONDEMNATION APPROVAL BOARD DETERMINES THE EXERCISE IS
20 NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE COMMUNITY.
21 (C) DISAPPROVAL.--THE AGRICULTURAL LANDS CONDEMNATION
22 APPROVAL BOARD SHALL DISAPPROVE THE PROPOSED CONDEMNATION IF THE
23 BOARD DETERMINES THE CONDEMNOR IS NOT AUTHORIZED UNDER THIS
24 CHAPTER TO TAKE THE AGRICULTURAL PROPERTY BY EMINENT DOMAIN.
25 CHAPTER 3
26 PROCEDURE TO CONDEMN
27 SEC.
28 301. VENUE.
29 302. DECLARATION OF TAKING.
30 303. SECURITY REQUIRED.
20050H2054B3821 - 82 -
1 304. RECORDING NOTICE OF CONDEMNATION.
2 305. NOTICE TO CONDEMNEE.
3 306. PRELIMINARY OBJECTIONS.
4 307. POSSESSION, RIGHT OF ENTRY AND PAYMENT OF COMPENSATION.
5 308. REVOCATION OF CONDEMNATION PROCEEDINGS.
6 309. RIGHT TO ENTER PROPERTY PRIOR TO CONDEMNATION.
7 310. ABANDONMENT OF PROJECT.
8 § 301. VENUE.
9 (A) GENERAL RULE.--A CONDEMNATION PROCEEDING SHALL BE
10 BROUGHT IN THE COURT OF THE COUNTY IN WHICH THE PROPERTY IS
11 LOCATED OR, IF THE PROPERTY IS LOCATED IN TWO OR MORE COUNTIES,
12 IN THE COURT OF ANY ONE OF THE COUNTIES.
13 (B) MULTIPLE COUNTIES.--WHERE THE PROPERTY IS LOCATED IN TWO
14 OR MORE COUNTIES AND A PROCEEDING IS COMMENCED IN THE COURT OF
15 ONE OF THE COUNTIES, ALL SUBSEQUENT PROCEEDINGS REGARDING THE
16 SAME PROPERTY SHALL BE BROUGHT IN THE SAME COUNTY.
17 § 302. DECLARATION OF TAKING.
18 (A) CONDEMNATION AND PASSAGE OF TITLE.--
19 (1) CONDEMNATION UNDER THE POWER OF CONDEMNATION GIVEN
20 BY LAW TO A CONDEMNOR SHALL BE EFFECTED ONLY BY THE FILING IN
21 COURT OF A DECLARATION OF TAKING WITH THE SECURITY REQUIRED
22 UNDER SECTION 303(A) (RELATING TO SECURITY REQUIRED).
23 (2) THE TITLE WHICH THE CONDEMNOR ACQUIRES IN THE
24 PROPERTY CONDEMNED SHALL PASS TO THE CONDEMNOR ON THE DATE OF
25 THE FILING, AND THE CONDEMNOR SHALL BE ENTITLED TO POSSESSION
26 UNDER SECTION 307 (RELATING TO POSSESSION, RIGHT OF ENTRY AND
27 PAYMENT OF COMPENSATION).
28 (B) CONTENTS.--THE DECLARATION OF TAKING SHALL BE IN WRITING
29 AND EXECUTED BY THE CONDEMNOR AND SHALL BE CAPTIONED AS A
30 PROCEEDING IN REM AND CONTAIN THE FOLLOWING:
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1 (1) THE NAME AND ADDRESS OF THE CONDEMNOR.
2 (2) A SPECIFIC REFERENCE TO THE STATUTE AND SECTION
3 UNDER WHICH THE CONDEMNATION IS AUTHORIZED.
4 (3) A SPECIFIC REFERENCE TO THE ACTION, WHETHER BY
5 ORDINANCE, RESOLUTION OR OTHERWISE, BY WHICH THE DECLARATION
6 OF TAKING WAS AUTHORIZED, INCLUDING THE DATE WHEN THE ACTION
7 WAS TAKEN AND THE PLACE WHERE THE RECORD MAY BE EXAMINED.
8 (4) A BRIEF DESCRIPTION OF THE PURPOSE OF THE
9 CONDEMNATION.
10 (5) A DESCRIPTION OF THE PROPERTY CONDEMNED, SUFFICIENT
11 FOR IDENTIFICATION, SPECIFYING THE MUNICIPAL CORPORATION AND
12 THE COUNTY OR COUNTIES WHERE THE PROPERTY TAKEN IS LOCATED, A
13 REFERENCE TO THE PLACE OF RECORDING IN THE OFFICE OF THE
14 RECORDER OF DEEDS OF PLANS SHOWING THE PROPERTY CONDEMNED OR
15 A STATEMENT THAT PLANS SHOWING THE PROPERTY CONDEMNED ARE ON
16 THE SAME DAY BEING LODGED FOR RECORD OR FILED IN THE OFFICE
17 OF THE RECORDER OF DEEDS IN THE COUNTY IN ACCORDANCE WITH
18 SECTION 304 (RELATING TO RECORDING NOTICE OF CONDEMNATION).
19 (6) A STATEMENT OF THE NATURE OF THE TITLE ACQUIRED, IF
20 ANY.
21 (7) A STATEMENT SPECIFYING WHERE A PLAN SHOWING THE
22 CONDEMNED PROPERTY MAY BE INSPECTED IN THE COUNTY IN WHICH
23 THE PROPERTY TAKEN IS LOCATED.
24 (8) A STATEMENT OF HOW JUST COMPENSATION HAS BEEN MADE
25 OR SECURED.
26 (C) MORE THAN ONE PROPERTY INCLUDED IN DECLARATION.--THE
27 CONDEMNOR MAY INCLUDE IN ONE DECLARATION OF TAKING ANY OR ALL OF
28 THE PROPERTIES SPECIFIED IN THE ACTION BY WHICH THE DECLARATION
29 OF TAKING WAS AUTHORIZED.
30 (D) FEE.--THE PROTHONOTARY SHALL CHARGE ONE FEE FOR FILING
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1 EACH DECLARATION OF TAKING, WHICH SHALL BE THE SAME REGARDLESS
2 OF THE NUMBER OF PROPERTIES OR CONDEMNEES INCLUDED.
3 (E) FILING.--THE CONDEMNOR SHALL FILE WITHIN ONE YEAR OF THE
4 ACTION AUTHORIZING THE DECLARATION OF TAKING A DECLARATION OF
5 TAKING COVERING ALL PROPERTIES INCLUDED IN THE AUTHORIZATION NOT
6 OTHERWISE ACQUIRED BY THE CONDEMNOR WITHIN THIS TIME.
7 § 303. SECURITY REQUIRED.
8 (A) BOND.--EXCEPT AS PROVIDED IN SUBSECTION (B), EVERY
9 CONDEMNOR SHALL GIVE SECURITY TO EFFECT THE CONDEMNATION BY
10 FILING WITH THE DECLARATION OF TAKING ITS BOND, WITHOUT SURETY,
11 TO THE COMMONWEALTH FOR THE USE OF THE OWNER OF THE PROPERTY
12 INTERESTS CONDEMNED, THE CONDITION OF WHICH SHALL BE THAT THE
13 CONDEMNOR SHALL PAY THE DAMAGES DETERMINED BY LAW.
14 (B) PLEDGE OF TAX REVENUES.--
15 (1) WHERE A CONDEMNOR HAS THE POWER OF TAXATION, IT
16 SHALL NOT BE REQUIRED TO FILE A BOND WITH THE DECLARATION OF
17 TAKING.
18 (2) THE FUNDS RAISED OR AUTHORIZED BY LAW TO BE RAISED
19 BY THE POWER OF TAXATION OF THE CONDEMNOR SHALL BE DEEMED
20 PLEDGED AND ARE MADE SECURITY FOR THE PAYMENT OF THE DAMAGES
21 DETERMINED BY LAW.
22 (C) INSUFFICIENT SECURITY.--THE COURT, UPON PRELIMINARY
23 OBJECTIONS OF THE CONDEMNEE UNDER AND WITHIN THE TIME SET FORTH
24 IN SECTION 306(A) (RELATING TO PRELIMINARY OBJECTIONS), MAY
25 REQUIRE THE CONDEMNOR TO GIVE BOND AND SECURITY AS THE COURT
26 DEEMS PROPER IF IT APPEARS TO THE COURT THAT THE BOND OR POWER
27 OF TAXATION OF THE CONDEMNOR IS INSUFFICIENT SECURITY.
28 § 304. RECORDING NOTICE OF CONDEMNATION.
29 (A) COUNTY OF RECORDING.--
30 (1) THE CONDEMNOR, UPON FILING ITS DECLARATION OF
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1 TAKING, SHALL ON THE SAME DAY LODGE FOR RECORD A NOTICE OF
2 THE DECLARATION IN THE OFFICE OF THE RECORDER OF DEEDS OF THE
3 COUNTY IN WHICH THE PROPERTY IS LOCATED.
4 (2) IF THE PROPERTY IS LOCATED IN TWO OR MORE COUNTIES,
5 THE NOTICE SHALL BE RECORDED IN EACH COUNTY.
6 (B) NOTICE AND RECORDING REQUIREMENTS.--
7 (1) THE NOTICE SHALL SPECIFY:
8 (I) THE COURT TERM AND NUMBER OF THE DECLARATION OF
9 TAKING.
10 (II) THE DATE IT WAS FILED.
11 (III) A DESCRIPTION OR PLAN OF THE PROPERTY
12 CONDEMNED SUFFICIENT FOR IDENTIFICATION.
13 (IV) THE NAMES OF THE OWNERS OF THE PROPERTY
14 INTERESTS CONDEMNED, AS REASONABLY KNOWN TO THE
15 CONDEMNOR.
16 (2) THE NOTICES SHALL BE INDEXED IN THE DEED INDICES
17 SHOWING THE CONDEMNEE SET FORTH IN THE NOTICE AS GRANTOR AND
18 THE CONDEMNOR AS GRANTEE.
19 (3) IF PLANS ARE TO BE RECORDED AS PART OF THE NOTICE,
20 THEY SHALL BE SUBMITTED ON STANDARD LEGAL SIZE PAPER. IF
21 PLANS ARE TO BE FILED AS PART OF THE NOTICE, THEY SHALL BE IN
22 LEGIBLE SCALE AND FILED IN A CONDEMNATION BOOK OR FILE OR
23 MICROFILMED, WITH A NOTATION AS TO THE CONDEMNATION BOOK AND
24 PAGE NUMBER, FILE NUMBER OR MICROFILM NUMBER TO BE MADE BY
25 THE RECORDER ON THE MARGIN OF THE NOTICE.
26 (4) UPON THE NOTICE BEING ASSIGNED A BOOK AND PAGE
27 NUMBER BY THE RECORDER OF DEEDS, THE CONDEMNOR SHALL FILE
28 WITH THE PROTHONOTARY UNDER THE CAPTION OF THE DECLARATION OF
29 TAKING A MEMORANDUM OF THE BOOK AND PAGE NUMBER IN WHICH THE
30 NOTICE IS RECORDED.
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1 (C) FEES.--THE RECORDER SHALL RECEIVE AS A FEE FOR RECORDING
2 EACH NOTICE THE SUMS AS PROVIDED BY THE ACT OF JUNE 12, 1919
3 (P.L.476, NO.240), REFERRED TO AS THE SECOND CLASS COUNTY
4 RECORDER OF DEEDS FEE LAW, AND THE ACT OF APRIL 8, 1982
5 (P.L.310, NO.87), REFERRED TO AS THE RECORDER OF DEEDS FEE LAW.
6 § 305. NOTICE TO CONDEMNEE.
7 (A) WRITTEN NOTICE.--WITHIN 30 DAYS AFTER THE FILING OF THE
8 DECLARATION OF TAKING, THE CONDEMNOR SHALL GIVE WRITTEN NOTICE
9 OF THE FILING TO THE CONDEMNEE, TO ANY MORTGAGEE OF RECORD, AND
10 TO ANY LIENHOLDER OF RECORD.
11 (B) SERVICE.--
12 (1) THE NOTICE SHALL BE SERVED WITHIN OR WITHOUT THIS
13 COMMONWEALTH, BY ANY COMPETENT ADULT, IN THE SAME MANNER AS
14 IN A CIVIL ACTION OR BY REGISTERED MAIL TO THE LAST KNOWN
15 ADDRESS OF THE PERSON BEING SERVED.
16 (2) IF SERVICE CANNOT BE MADE IN THE MANNER SET FORTH
17 UNDER PARAGRAPH (1), THEN SERVICE SHALL BE MADE BY POSTING A
18 COPY OF THE NOTICE UPON THE MOST PUBLIC PART OF THE PROPERTY
19 AND BY PUBLICATION OF A COPY OF THE NOTICE, OMITTING THE PLOT
20 PLAN REQUIRED BY SUBSECTION (C)(9), ONE TIME EACH IN ONE
21 NEWSPAPER OF GENERAL CIRCULATION AND THE LEGAL JOURNAL, IF
22 ANY, PUBLISHED IN THE COUNTY.
23 (C) CONTENTS.--THE NOTICE TO BE GIVEN THE CONDEMNEE SHALL
24 STATE:
25 (1) THE CAPTION OF THE CASE.
26 (2) THE DATE OF FILING OF THE DECLARATION OF TAKING AND
27 THE COURT TERM AND NUMBER.
28 (3) THE NAME OF THE CONDEMNEE TO WHOM IT IS DIRECTED.
29 (4) THE NAME AND ADDRESS OF THE CONDEMNOR.
30 (5) A SPECIFIC REFERENCE TO THE STATUTE AND SECTION
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1 UNDER WHICH THE CONDEMNATION ACTION IS AUTHORIZED.
2 (6) A SPECIFIC REFERENCE TO THE ACTION, WHETHER BY
3 ORDINANCE, RESOLUTION OR OTHERWISE, BY WHICH THE DECLARATION
4 OF TAKING WAS AUTHORIZED, INCLUDING THE DATE WHEN THE ACTION
5 WAS TAKEN AND THE PLACE WHERE THE RECORD MAY BE EXAMINED.
6 (7) A BRIEF DESCRIPTION OF THE PURPOSE OF THE
7 CONDEMNATION.
8 (8) A STATEMENT THAT THE CONDEMNEE'S PROPERTY HAS BEEN
9 CONDEMNED AND A REASONABLE IDENTIFICATION OF THE PROPERTY.
10 (9) IN THE CASE OF A PARTIAL TAKING, A PLOT PLAN SHOWING
11 THE CONDEMNEE'S ENTIRE PROPERTY AND THE AREA TAKEN.
12 (10) A STATEMENT OF THE NATURE OF THE TITLE ACQUIRED.
13 (11) A STATEMENT SPECIFYING WHERE A PLAN SHOWING THE
14 CONDEMNED PROPERTY MAY BE INSPECTED IN THE COUNTY IN WHICH
15 THE PROPERTY TAKEN IS LOCATED.
16 (12) A STATEMENT OF HOW JUST COMPENSATION HAS BEEN MADE
17 OR SECURED.
18 (13) A STATEMENT THAT, IF THE CONDEMNEE WISHES TO
19 CHALLENGE THE POWER OR THE RIGHT OF THE CONDEMNOR TO
20 APPROPRIATE THE CONDEMNED PROPERTY, THE SUFFICIENCY OF THE
21 SECURITY, THE PROCEDURE FOLLOWED BY THE CONDEMNOR OR THE
22 DECLARATION OF TAKING, THE CONDEMNEE MUST FILE PRELIMINARY
23 OBJECTIONS WITHIN 30 DAYS AFTER BEING SERVED WITH NOTICE OF
24 CONDEMNATION.
25 (D) COMPLIANCE.--SERVICE OF A COPY OF THE DECLARATION OF
26 TAKING, TOGETHER WITH THE INFORMATION AND NOTICE REQUIRED BY
27 SUBSECTION (C)(2), (8), (9) AND (13), SHALL CONSTITUTE
28 COMPLIANCE WITH THE NOTICE REQUIREMENTS OF THIS SECTION.
29 (E) PROOF OF SERVICE.--THE CONDEMNOR SHALL FILE PROOF OF
30 SERVICE OF THE NOTICE.
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1 § 306. PRELIMINARY OBJECTIONS.
2 (A) FILING AND EXCLUSIVE METHOD OF CHALLENGING CERTAIN
3 MATTERS.--
4 (1) WITHIN 30 DAYS AFTER BEING SERVED WITH NOTICE OF
5 CONDEMNATION, THE CONDEMNEE MAY FILE PRELIMINARY OBJECTIONS
6 TO THE DECLARATION OF TAKING.
7 (2) THE COURT UPON CAUSE SHOWN MAY EXTEND THE TIME FOR
8 FILING PRELIMINARY OBJECTIONS.
9 (3) PRELIMINARY OBJECTIONS SHALL BE LIMITED TO AND SHALL
10 BE THE EXCLUSIVE METHOD OF CHALLENGING:
11 (I) THE POWER OR RIGHT OF THE CONDEMNOR TO
12 APPROPRIATE THE CONDEMNED PROPERTY UNLESS IT HAS BEEN
13 PREVIOUSLY ADJUDICATED.
14 (II) THE SUFFICIENCY OF THE SECURITY.
15 (III) THE DECLARATION OF TAKING.
16 (IV) ANY OTHER PROCEDURE FOLLOWED BY THE CONDEMNOR.
17 (B) WAIVER.--FAILURE TO RAISE BY PRELIMINARY OBJECTIONS THE
18 ISSUES LISTED IN SUBSECTION (A) SHALL CONSTITUTE A WAIVER.
19 ISSUES OF COMPENSATION MAY NOT BE RAISED BY PRELIMINARY
20 OBJECTIONS.
21 (C) GROUNDS TO BE STATED.--PRELIMINARY OBJECTIONS SHALL
22 STATE SPECIFICALLY THE GROUNDS RELIED ON.
23 (D) WHEN RAISED.--ALL PRELIMINARY OBJECTIONS SHALL BE RAISED
24 AT ONE TIME AND IN ONE PLEADING. THEY MAY BE INCONSISTENT.
25 (E) SERVICE.--THE CONDEMNEE SHALL SERVE A COPY OF THE
26 PRELIMINARY OBJECTIONS ON THE CONDEMNOR WITHIN 72 HOURS AFTER
27 FILING THEM.
28 (F) DISPOSITION.--
29 (1) THE COURT SHALL DETERMINE PROMPTLY ALL PRELIMINARY
30 OBJECTIONS AND MAKE PRELIMINARY AND FINAL ORDERS AND DECREES
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1 AS JUSTICE SHALL REQUIRE, INCLUDING THE REVESTING OF TITLE.
2 (2) IF AN ISSUE OF FACT IS RAISED, THE COURT SHALL TAKE
3 EVIDENCE BY DEPOSITIONS OR OTHERWISE.
4 (3) THE COURT MAY ALLOW AMENDMENT OR DIRECT THE FILING
5 OF A MORE SPECIFIC DECLARATION OF TAKING.
6 (G) COSTS AND EXPENSES.--
7 (1) IF PRELIMINARY OBJECTIONS WHICH HAVE THE EFFECT OF
8 TERMINATING THE CONDEMNATION ARE SUSTAINED, THE CONDEMNOR
9 SHALL REIMBURSE THE CONDEMNEE FOR REASONABLE APPRAISAL,
10 ATTORNEY AND ENGINEERING FEES AND OTHER COSTS AND EXPENSES
11 ACTUALLY INCURRED BECAUSE OF THE CONDEMNATION PROCEEDINGS.
12 (2) THE COURT SHALL ASSESS COSTS AND EXPENSES UNDER THIS
13 SUBSECTION.
14 § 307. POSSESSION, RIGHT OF ENTRY AND PAYMENT OF COMPENSATION.
15 (A) POSSESSION OR RIGHT OF ENTRY OF CONDEMNOR.--
16 (1) (I) THE CONDEMNOR, AFTER THE EXPIRATION OF THE TIME
17 FOR FILING PRELIMINARY OBJECTIONS BY THE CONDEMNEE TO THE
18 DECLARATION OF TAKING, SHALL BE ENTITLED TO POSSESSION OR
19 RIGHT OF ENTRY UPON PAYMENT OF, OR A WRITTEN OFFER TO PAY
20 TO THE CONDEMNEE, THE AMOUNT OF JUST COMPENSATION AS
21 ESTIMATED BY THE CONDEMNOR.
22 (II) THE CONDEMNOR SHALL BE ENTITLED TO POSSESSION
23 OR RIGHT OF ENTRY UPON AN EASEMENT WITHOUT THE PAYMENT OF
24 OR OFFER TO PAY THE ESTIMATED JUST COMPENSATION IF THE
25 CONDEMNOR HAS THE RIGHT TO ASSESS THE PROPERTY FOR
26 BENEFITS.
27 (III) IF A CONDEMNEE OR ANY OTHER PERSON THEN
28 REFUSES TO DELIVER POSSESSION OR PERMIT RIGHT OF ENTRY,
29 THE PROTHONOTARY UPON PRAECIPE OF THE CONDEMNOR SHALL
30 ISSUE A RULE, RETURNABLE IN FIVE DAYS AFTER SERVICE UPON
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1 THE CONDEMNEE OR THE OTHER PERSON, TO SHOW CAUSE WHY A
2 WRIT OF POSSESSION SHOULD NOT ISSUE.
3 (IV) THE COURT, UNLESS PRELIMINARY OBJECTIONS
4 WARRANTING DELAY ARE PENDING, MAY ISSUE A WRIT OF
5 POSSESSION CONDITIONED EXCEPT AS PROVIDED IN THIS
6 SUBSECTION UPON PAYMENT TO THE CONDEMNEE OR INTO COURT OF
7 THE ESTIMATED JUST COMPENSATION AND ON ANY OTHER TERMS AS
8 THE COURT MAY DIRECT.
9 (2) A COURT MAY ISSUE A WRIT OF POSSESSION TO A
10 CONDEMNOR PRIOR TO THE DISPOSITION OF PRELIMINARY OBJECTIONS.
11 (I) IF IT IS FINALLY DETERMINED THAT A CONDEMNATION
12 IS INVALID IN A CASE IN WHICH PRELIMINARY OBJECTIONS
13 CHALLENGE THE VALIDITY OF A RIGHT-OF-WAY OR EASEMENT FOR
14 OCCUPATION BY A UTILITY, THE AFFECTED OWNERS MAY RECOVER
15 DAMAGES FOR INJURIES SUSTAINED BY TAKING POSSESSION UNDER
16 THIS PARAGRAPH AND ARE ENTITLED TO APPROPRIATE EQUITABLE
17 RELIEF.
18 (II) IF IT IS FINALLY DETERMINED THAT ANY OTHER
19 CONDEMNATION IS INVALID AFTER THE GRANTING OF POSSESSION
20 UNDER THIS PARAGRAPH, THE AFFECTED OWNERS MAY RECOVER
21 COSTS AND EXPENSES UNDER SECTION 306(G) (RELATING TO
22 PRELIMINARY OBJECTIONS) AND ARE ENTITLED TO DISPOSITION
23 UNDER SECTION 306(F).
24 (B) TENDER OF POSSESSION OR RIGHT OF ENTRY BY CONDEMNEE.--
25 (1) IF WITHIN 60 DAYS FROM THE FILING OF THE DECLARATION
26 OF TAKING THE CONDEMNOR HAS NOT PAID JUST COMPENSATION AS
27 PROVIDED IN SUBSECTION (A), THE CONDEMNEE MAY TENDER
28 POSSESSION OR RIGHT OF ENTRY IN WRITING AND THE CONDEMNOR
29 SHALL THEN MAKE PAYMENT OF THE JUST COMPENSATION DUE THE
30 CONDEMNEE AS ESTIMATED BY THE CONDEMNOR.
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1 (2) IF THE CONDEMNOR FAILS TO MAKE THE PAYMENT, THE
2 COURT, UPON PETITION OF THE CONDEMNEE, MAY COMPEL THE
3 CONDEMNOR TO FILE A DECLARATION OF ESTIMATED JUST
4 COMPENSATION OR, IF THE CONDEMNOR FAILS OR REFUSES TO FILE
5 THE DECLARATION, MAY AT THE COST OF THE CONDEMNOR APPOINT AN
6 IMPARTIAL EXPERT APPRAISER TO ESTIMATE JUST COMPENSATION.
7 (3) THE COURT MAY, AFTER HEARING, ENTER JUDGMENT FOR THE
8 AMOUNT OF THE ESTIMATED JUST COMPENSATION.
9 (C) COMPENSATION WITHOUT PREJUDICE.--
10 (1) THE COMPENSATION PAID UNDER SUBSECTIONS (A) AND (B)
11 SHALL BE WITHOUT PREJUDICE TO THE RIGHTS OF EITHER THE
12 CONDEMNOR OR THE CONDEMNEE TO PROCEED TO A FINAL
13 DETERMINATION OF THE JUST COMPENSATION, AND ANY PAYMENTS MADE
14 SHALL BE CONSIDERED ONLY AS PAYMENTS PRO TANTO OF THE JUST
15 COMPENSATION AS FINALLY DETERMINED.
16 (2) FOLLOWING THE RENDITION OF THE VERDICT, THE COURT
17 SHALL MOLD THE VERDICT TO DEDUCT THE ESTIMATED JUST
18 COMPENSATION PREVIOUSLY PAID BY THE CONDEMNOR.
19 (3) IN NO EVENT SHALL THE CONDEMNEE BE COMPELLED TO PAY
20 BACK TO THE CONDEMNOR THE COMPENSATION PAID UNDER SUBSECTION
21 (A) OR (B), EVEN IF THE AMOUNT OF JUST COMPENSATION AS
22 FINALLY DETERMINED IS LESS THAN THE COMPENSATION PAID.
23 § 308. REVOCATION OF CONDEMNATION PROCEEDINGS.
24 (A) DECLARATION OF RELINQUISHMENT.--
25 (1) THE CONDEMNOR, BY FILING A DECLARATION OF
26 RELINQUISHMENT IN COURT WITHIN TWO YEARS FROM THE FILING OF
27 THE DECLARATION OF TAKING AND BEFORE HAVING MADE THE PAYMENT
28 PROVIDED IN SECTION 307(A) OR (B) (RELATING TO POSSESSION,
29 RIGHT OF ENTRY AND PAYMENT OF COMPENSATION) OR AS TO WHICH
30 THE CONDEMNEE HAS NOT TENDERED POSSESSION OF THE CONDEMNED
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1 PROPERTY AS PROVIDED IN SECTION 307, MAY RELINQUISH ALL OR
2 ANY PART OF THE PROPERTY CONDEMNED THAT IT HAS NOT TAKEN
3 ACTUAL POSSESSION OF FOR USE IN THE IMPROVEMENT.
4 (2) THE TITLE SHALL THEN REVEST IN THE CONDEMNEE AS OF
5 THE DATE OF THE FILING OF THE DECLARATION OF TAKING AND ALL
6 MORTGAGES AND OTHER LIENS EXISTING AS OF THAT DATE AND NOT
7 THEREAFTER DISCHARGED SHALL BE REINSTATED.
8 (B) NOTICE.--NOTICE OF THE RELINQUISHMENT SHALL BE:
9 (1) RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF
10 THE COUNTY IN WHICH THE PROPERTY TAKEN IS LOCATED, WITH THE
11 CONDEMNOR AS THE GRANTOR AND THE CONDEMNEE AS THE GRANTEE.
12 (2) SERVED ON THE CONDEMNEE, ANY MORTGAGEE OF RECORD AND
13 ANY LIENHOLDER OF RECORD IN THE SAME MANNER AS PROVIDED FOR
14 SERVICE OF THE DECLARATION OF TAKING.
15 (C) FEES.--THE FEES PAYABLE TO THE RECORDER FOR RECORDING
16 THE NOTICE OF RELINQUISHMENT SHALL BE IN THE SAME AMOUNTS AS
17 PROVIDED IN SECTION 304(C) (RELATING TO RECORDING NOTICE OF
18 CONDEMNATION).
19 (D) COSTS AND EXPENSES.--WHERE CONDEMNED PROPERTY IS
20 RELINQUISHED, THE CONDEMNEE SHALL BE REIMBURSED BY THE CONDEMNOR
21 FOR REASONABLE COSTS AND EXPENSES AS PROVIDED IN SECTION 306(G)
22 (RELATING TO PRELIMINARY OBJECTIONS).
23 (E) AGREEMENT.--THE CONDEMNOR AND THE CONDEMNEE, WITHOUT THE
24 FILING OF A DECLARATION OF RELINQUISHMENT, MAY BY AGREEMENT
25 EFFECT A REVESTING OF TITLE IN THE CONDEMNEE WHICH AGREEMENT
26 SHALL BE PROPERLY RECORDED.
27 § 309. RIGHT TO ENTER PROPERTY PRIOR TO CONDEMNATION.
28 (A) GENERAL RULE.--PRIOR TO THE FILING OF THE DECLARATION OF
29 TAKING, THE CONDEMNOR OR ITS EMPLOYEES OR AGENTS SHALL HAVE THE
30 RIGHT TO ENTER UPON ANY LAND OR IMPROVEMENT IN ORDER TO MAKE
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1 STUDIES, SURVEYS, TESTS, SOUNDINGS AND APPRAISALS.
2 (B) NOTICE TO OWNER REQUIRED.--THE OWNER OF THE LAND OR THE
3 PARTY IN WHOSE NAME THE PROPERTY IS ASSESSED SHALL BE NOTIFIED
4 TEN DAYS PRIOR TO ENTRY ON THE PROPERTY.
5 (C) DAMAGES.--
6 (1) ANY ACTUAL DAMAGES SUSTAINED BY THE OWNER OF A
7 PROPERTY INTEREST IN THE PROPERTY ENTERED UPON BY THE
8 CONDEMNOR SHALL BE PAID BY THE CONDEMNOR.
9 (2) DAMAGES SHALL BE ASSESSED BY THE COURT, OR THE COURT
10 MAY REFER THE MATTER TO VIEWERS TO ASCERTAIN AND ASSESS THE
11 DAMAGES SUSTAINED BY THE CONDEMNEE.
12 (D) CONSTRUCTION.--THE EXERCISE OF THIS RIGHT OF ENTRY BY
13 THE CONDEMNOR SHALL NEITHER CONSTITUTE A CONDEMNATION NOR BE
14 INTERPRETED AS A NOTICE OF AN INTENT TO ACQUIRE THE REAL
15 PROPERTY.
16 § 310. ABANDONMENT OF PROJECT.
17 (A) DISPOSITION OF PROPERTY.--IF A CONDEMNOR HAS CONDEMNED A
18 FEE AND THEN ABANDONS THE PURPOSE FOR WHICH THE PROPERTY HAS
19 BEEN CONDEMNED, THE CONDEMNOR MAY DISPOSE OF IT BY SALE, LEASE,
20 GIFT, DEVISE OR OTHER TRANSFER WITH THE FOLLOWING RESTRICTIONS:
21 (1) IF THE PROPERTY IS UNDEVELOPED OR HAS NOT BEEN
22 SUBSTANTIALLY IMPROVED, IT MAY NOT BE DISPOSED OF WITHIN TEN
23 YEARS AFTER CONDEMNATION WITHOUT FIRST BEING OFFERED TO THE
24 CONDEMNEE AT THE SAME PRICE PAID TO THE CONDEMNEE BY THE
25 CONDEMNOR.
26 (2) IF THE PROPERTY IS LOCATED OUTSIDE THE CORPORATE
27 BOUNDARIES OF A COUNTY OF THE FIRST OR SECOND CLASS AND IS
28 UNDEVELOPED OR HAS NOT BEEN SUBSTANTIALLY IMPROVED AND WAS
29 DEVOTED TO AGRICULTURAL USE AT THE TIME OF THE CONDEMNATION,
30 IT MAY NOT BE DISPOSED OF WITHIN 21 YEARS AFTER CONDEMNATION
20050H2054B3821 - 94 -
1 WITHOUT FIRST BEING OFFERED TO THE CONDEMNEE AT THE SAME
2 PRICE PAID TO THE CONDEMNEE BY THE CONDEMNOR.
3 (3) IF THE PROPERTY IS UNDEVELOPED OR HAS NOT BEEN
4 SUBSTANTIALLY IMPROVED AND THE OFFERS REQUIRED TO BE MADE
5 UNDER PARAGRAPHS (1) AND (2) HAVE NOT BEEN ACCEPTED, THE
6 PROPERTY SHALL NOT BE DISPOSED OF BY ANY CONDEMNOR, ACQUIRING
7 AGENCY OR SUBSEQUENT PURCHASER FOR A NONPUBLIC USE OR PURPOSE
8 WITHIN 21 YEARS AFTER CONDEMNATION. UPON PETITION BY THE
9 CONDEMNOR, THE COURT MAY PERMIT DISPOSAL OF THE PROPERTY IN
10 LESS THAN 21 YEARS UPON PROOF BY A PREPONDERANCE OF THE
11 EVIDENCE THAT A CHANGE IN CIRCUMSTANCES HAS ABROGATED THE
12 ORIGINAL PUBLIC PURPOSE FOR WHICH THE PROPERTY WAS TAKEN.
13 (B) NOTICE.--THE CONDEMNEE SHALL BE SERVED WITH NOTICE OF
14 THE OFFER IN THE SAME MANNER AS PRESCRIBED FOR THE SERVICE OF
15 NOTICES IN SECTION 305(B) (RELATING TO NOTICE TO CONDEMNEE) AND
16 SHALL HAVE 90 DAYS AFTER RECEIPT OF NOTICE TO MAKE WRITTEN
17 ACCEPTANCE.
18 (C) CERTAIN CONDITIONAL OFFERS PROHIBITED.--THE CONDEMNOR
19 MAY NOT CONDITION ANY OFFER REQUIRED TO BE MADE TO A CONDEMNEE
20 UNDER SUBSECTION (A) ON THE PAYMENT BY THE CONDEMNEE OF
21 ADDITIONAL FEES, REAL ESTATE TAXES OR PAYMENTS IN LIEU OF TAXES
22 OR OTHER COSTS.
23 (D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
24 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
25 SUBSECTION:
26 "AGRICULTURAL COMMODITY." AS DEFINED IN SECTION 2 OF THE ACT
27 OF JUNE 10, 1982 (P.L.454, NO.133), REFERRED TO AS THE RIGHT-TO-
28 FARM LAW.
29 "AGRICULTURAL USE." LAND WHICH IS USED FOR THE PURPOSE OF
30 PRODUCING AN AGRICULTURAL COMMODITY OR IS DEVOTED TO AND MEETS
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1 THE REQUIREMENTS AND QUALIFICATIONS FOR PAYMENTS OR OTHER
2 COMPENSATION PURSUANT TO A SOIL CONSERVATION PROGRAM UNDER AN
3 AGREEMENT WITH AN AGENCY OF THE FEDERAL GOVERNMENT. LAND
4 CONTAINING A FARMHOUSE OR OTHER BUILDINGS RELATED TO FARMING
5 SHALL BE DEEMED TO BE IN AGRICULTURAL USE. THE TERM INCLUDES A
6 WOODLOT AND LAND WHICH IS RENTED TO ANOTHER PERSON AND USED FOR
7 THE PURPOSE OF PRODUCING AN AGRICULTURAL COMMODITY.
8 CHAPTER 5
9 PROCEDURE FOR DETERMINING DAMAGES
10 SEC.
11 501. AGREEMENT AS TO DAMAGES.
12 502. PETITION FOR APPOINTMENT OF VIEWERS.
13 503. VIEW.
14 504. APPOINTMENT OF VIEWERS.
15 505. SERVICE OF NOTICE OF VIEW AND HEARING.
16 506. ADDITIONAL CONDEMNEES, MORTGAGEES AND INTERVENTION.
17 507. JOINT CLAIMS.
18 508. APPOINTMENT OF TRUSTEE OR GUARDIAN AD LITEM.
19 509. FURNISHING OF PLANS TO VIEWERS.
20 510. POWERS OF VIEWERS.
21 511. ADMINISTRATIVE MATTERS FOR VIEWERS' HEARINGS.
22 512. REPORT OF VIEWERS.
23 513. DISAGREEMENT.
24 514. FILING OF REPORT OF VIEWERS.
25 515. REPORTS.
26 516. RIGHT OF APPEAL.
27 517. APPEALS.
28 518. DISPOSITION OF APPEAL.
29 519. ALLOCATION OF DAMAGES.
30 520. WAIVER OF VIEWERS' PROCEEDINGS AND TERMINATION BY
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1 STIPULATION.
2 521. LIENS AND DISTRIBUTION OF DAMAGES.
3 522. PAYMENT INTO COURT AND DISTRIBUTION.
4 § 501. AGREEMENT AS TO DAMAGES.
5 AT ANY STAGE OF THE PROCEEDINGS, THE CONDEMNOR AND THE
6 CONDEMNEE MAY AGREE UPON ALL OR ANY PART OR ITEM OF THE DAMAGES
7 AND PROCEED TO HAVE THOSE PARTS OR ITEMS NOT AGREED UPON
8 ASSESSED AS PROVIDED IN THIS CHAPTER. THE CONDEMNOR MAY MAKE
9 PAYMENT OF ANY PART OR ITEM AGREED UPON.
10 § 502. PETITION FOR APPOINTMENT OF VIEWERS.
11 (A) CONTENTS OF PETITION.--A CONDEMNOR, CONDEMNEE OR
12 DISPLACED PERSON MAY FILE A PETITION REQUESTING THE APPOINTMENT
13 OF VIEWERS, SETTING FORTH:
14 (1) A CAPTION DESIGNATING THE CONDEMNEE OR DISPLACED
15 PERSON AS THE PLAINTIFF AND THE CONDEMNOR AS THE DEFENDANT.
16 (2) THE DATE OF THE FILING OF THE DECLARATION OF TAKING
17 AND WHETHER ANY PRELIMINARY OBJECTIONS HAVE BEEN FILED AND
18 REMAIN UNDISPOSED OF.
19 (3) IN THE CASE OF A PETITION OF A CONDEMNEE OR
20 DISPLACED PERSON, THE NAME OF THE CONDEMNOR.
21 (4) THE NAMES AND ADDRESSES OF ALL CONDEMNEES, DISPLACED
22 PERSONS AND MORTGAGEES KNOWN TO THE PETITIONER TO HAVE AN
23 INTEREST IN THE PROPERTY ACQUIRED AND THE NATURE OF THEIR
24 INTEREST.
25 (5) A BRIEF DESCRIPTION OF THE PROPERTY ACQUIRED.
26 (6) A REQUEST FOR THE APPOINTMENT OF VIEWERS TO
27 ASCERTAIN JUST COMPENSATION.
28 (B) PROPERTY INCLUDED IN CONDEMNOR'S PETITION.--THE
29 CONDEMNOR MAY INCLUDE IN ITS PETITION ANY OR ALL OF THE PROPERTY
30 INCLUDED IN THE DECLARATION OF TAKING.
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1 (C) CONDEMNATION WHERE NO DECLARATION OF TAKING HAS BEEN
2 FILED.--
3 (1) AN OWNER OF A PROPERTY INTEREST WHO ASSERTS THAT THE
4 OWNER'S PROPERTY INTEREST HAS BEEN CONDEMNED WITHOUT THE
5 FILING OF A DECLARATION OF TAKING MAY FILE A PETITION FOR THE
6 APPOINTMENT OF VIEWERS SUBSTANTIALLY IN THE FORM PROVIDED FOR
7 IN SUBSECTION (A) SETTING FORTH THE FACTUAL BASIS OF THE
8 PETITION.
9 (2) THE COURT SHALL DETERMINE WHETHER A CONDEMNATION HAS
10 OCCURRED, AND, IF THE COURT DETERMINES THAT A CONDEMNATION
11 HAS OCCURRED, THE COURT SHALL DETERMINE THE CONDEMNATION DATE
12 AND THE EXTENT AND NATURE OF ANY PROPERTY INTEREST CONDEMNED.
13 (3) THE COURT SHALL ENTER AN ORDER SPECIFYING ANY
14 PROPERTY INTEREST WHICH HAS BEEN CONDEMNED AND THE DATE OF
15 THE CONDEMNATION.
16 (4) A COPY OF THE ORDER AND ANY MODIFICATION SHALL BE
17 FILED BY THE CONDEMNOR IN THE OFFICE OF THE RECORDER OF DEEDS
18 OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED AND SHALL BE
19 INDEXED IN THE DEED INDICES SHOWING THE CONDEMNEE AS GRANTOR
20 AND THE CONDEMNOR AS GRANTEE.
21 (D) SEPARATE PROCEEDINGS.--THE COURT, IN FURTHERANCE OF
22 CONVENIENCE OR TO AVOID PREJUDICE, MAY, ON ITS OWN MOTION OR ON
23 MOTION OF ANY PARTY, ORDER SEPARATE VIEWERS' PROCEEDINGS OR
24 TRIAL WHEN MORE THAN ONE PROPERTY HAS BEEN INCLUDED IN THE
25 PETITION.
26 § 503. VIEW.
27 IN EVERY PROCEEDING:
28 (1) AT LEAST ONE OF THE VIEWERS APPOINTED SHALL BE AN
29 ATTORNEY AT LAW WHO SHALL BE CHAIRMAN OF THE BOARD AND WHO
30 SHALL ATTEND THE VIEW.
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1 (2) AT LEAST TWO OF THE THREE VIEWERS APPOINTED SHALL
2 VIEW THE PROPERTY IN QUESTION.
3 § 504. APPOINTMENT OF VIEWERS.
4 (A) COURT TO APPOINT.--
5 (1) UPON THE FILING OF A PETITION FOR THE APPOINTMENT OF
6 VIEWERS, THE COURT, UNLESS PRELIMINARY OBJECTIONS TO THE
7 VALIDITY OF THE CONDEMNATION OR JURISDICTION, WARRANTING
8 DELAY, ARE PENDING, SHALL PROMPTLY APPOINT THREE VIEWERS, WHO
9 SHALL VIEW THE PREMISES, HOLD HEARINGS AND FILE A REPORT.
10 (2) IN COUNTIES OF THE FIRST CLASS, THE COURT MAY
11 APPOINT AN ALTERNATE VIEWER IN ADDITION TO THE THREE VIEWERS
12 SPECIFICALLY APPOINTED.
13 (3) THE PROTHONOTARY SHALL PROMPTLY NOTIFY THE VIEWERS
14 OF THEIR APPOINTMENT UNLESS A LOCAL RULE PROVIDES ANOTHER
15 METHOD OF NOTIFICATION.
16 (4) NO VIEWER SHALL REPRESENT A CLIENT OR TESTIFY AS AN
17 EXPERT WITNESS BEFORE THE BOARD.
18 (B) SERVICE OF PETITION FOR THE APPOINTMENT OF VIEWERS AND
19 ORDER APPOINTING VIEWERS.--THE PETITIONERS SHALL PROMPTLY SEND
20 TO ALL OTHER PARTIES BY REGISTERED MAIL, RETURN RECEIPT
21 REQUESTED, A CERTIFIED TRUE COPY OF THE PETITION FOR THE
22 APPOINTMENT OF VIEWERS AND A COPY OF THE COURT ORDER APPOINTING
23 THE VIEWERS IF AN ORDER HAS BEEN ENTERED. A COPY OF THE PETITION
24 AND ORDER, IF ENTERED, SHALL ALSO BE MAILED TO ALL MORTGAGEES
25 AND OTHER LIENHOLDERS OF RECORD.
26 (C) NOTICE OF VIEWS AND HEARINGS.--THE VIEWERS SHALL GIVE
27 NOTICE OF THE TIME AND PLACE OF ALL VIEWS AND HEARINGS. THE
28 NOTICE SHALL BE GIVEN TO ALL PARTIES BY NOT LESS THAN 30 DAYS
29 WRITTEN NOTICE BY REGISTERED MAIL, RETURN RECEIPT REQUESTED.
30 (D) PRELIMINARY OBJECTIONS.--
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1 (1) ANY OBJECTION TO THE APPOINTMENT OF VIEWERS MAY BE
2 RAISED BY PRELIMINARY OBJECTIONS FILED WITHIN 30 DAYS AFTER
3 RECEIPT OF NOTICE OF THE APPOINTMENT OF VIEWERS.
4 (2) OBJECTIONS TO THE FORM OF THE PETITION OR THE
5 APPOINTMENT OR THE QUALIFICATIONS OF THE VIEWERS IN ANY
6 PROCEEDING OR TO THE LEGAL SUFFICIENCY OR FACTUAL BASIS OF A
7 PETITION FILED UNDER SECTION 502(C) (RELATING TO PETITION FOR
8 APPOINTMENT OF VIEWERS) ARE WAIVED UNLESS INCLUDED IN
9 PRELIMINARY OBJECTIONS.
10 (3) AN ANSWER WITH OR WITHOUT NEW MATTER MAY BE FILED
11 WITHIN 20 DAYS OF SERVICE OF PRELIMINARY OBJECTIONS, AND A
12 REPLY TO NEW MATTER MAY BE FILED WITHIN 20 DAYS OF SERVICE OF
13 THE ANSWER.
14 (4) THE COURT SHALL DETERMINE PROMPTLY ALL PRELIMINARY
15 OBJECTIONS AND MAKE ANY ORDERS AND DECREES AS JUSTICE
16 REQUIRES.
17 (5) IF AN ISSUE OF FACT IS RAISED, THE COURT SHALL
18 CONDUCT AN EVIDENTIARY HEARING OR ORDER THAT EVIDENCE BE
19 TAKEN BY DEPOSITION OR OTHERWISE, BUT IN NO EVENT SHALL
20 EVIDENCE BE TAKEN BY THE VIEWERS ON THIS ISSUE.
21 § 505. SERVICE OF NOTICE OF VIEW AND HEARING.
22 (A) GENERAL RULE.--NOTICE OF THE VIEW AND HEARING SHALL BE
23 SERVED, WITHIN OR WITHOUT THIS COMMONWEALTH, BY ANY COMPETENT
24 ADULT IN THE SAME MANNER AS A CIVIL ACTION OR BY REGISTERED
25 MAIL, RETURN RECEIPT REQUESTED, TO THE LAST KNOWN ADDRESS OF THE
26 CONDEMNEE AND CONDEMNOR.
27 (B) PUBLIC POSTING.--IF SERVICE CANNOT BE MADE IN THE MANNER
28 SET FORTH IN SUBSECTION (A), THEN SERVICE SHALL BE MADE BY
29 POSTING A COPY OF THE NOTICE UPON A PUBLIC PART OF THE PROPERTY
30 AND BY PUBLICATION, AT THE COST OF THE CONDEMNOR, ONCE IN A
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1 NEWSPAPER OF GENERAL CIRCULATION AND ONCE IN THE LEGAL
2 PUBLICATION, IF ANY, DESIGNATED BY RULE OR ORDER OF COURT FOR
3 PUBLICATION OF LEGAL NOTICES, PUBLISHED IN THE COUNTY.
4 (C) PROOF OF SERVICE.--PROOF OF SERVICE AND THE MANNER OF
5 SERVICE SHALL BE ATTACHED TO THE VIEWERS' REPORT.
6 § 506. ADDITIONAL CONDEMNEES, MORTGAGEES AND INTERVENTION.
7 (A) IDENTIFICATION.--THE CONDEMNEE, AT OR BEFORE THE HEARING
8 AT WHICH THE CLAIM IS PRESENTED, SHALL FURNISH THE VIEWERS AND
9 THE CONDEMNOR WITH THE NAMES AND ADDRESSES OF ALL OTHER
10 CONDEMNEES KNOWN TO THE CONDEMNEE TO HAVE AN INTEREST IN HIS
11 PROPERTY AND THE NATURE OF THEIR INTERESTS AND THE NAMES AND
12 ADDRESSES OF ALL MORTGAGEES AND LIENHOLDERS OF RECORD KNOWN TO
13 THE CONDEMNEE.
14 (B) NOTICE.--
15 (1) THE VIEWERS SHALL NOTIFY BY WRITTEN NOTICE ALL
16 PERSONS WHOSE NAMES ARE FURNISHED UNDER SUBSECTION (A) OF THE
17 PENDENCY OF THE PROCEEDINGS AND OF SUBSEQUENT HEARINGS.
18 (2) IF THESE PERSONS HAVE NOT RECEIVED 20 DAYS' NOTICE
19 OF THE HEARING, THE VIEWERS SHALL, UPON REQUEST, ADJOURN THE
20 HEARING TO ALLOW NOTICE.
21 (C) INTERVENTION.--THE COURT MAY PERMIT A MORTGAGEE,
22 JUDGMENT CREDITOR OR OTHER LIENHOLDER TO INTERVENE IN THE
23 PROCEEDINGS WHERE THE PERSON'S INTEREST IS NOT ADEQUATELY
24 PROTECTED, BUT A PERSON SHALL NOT BE A PARTY TO THE PROCEEDINGS
25 UNLESS THE PERSON HAS INTERVENED.
26 § 507. JOINT CLAIMS.
27 (A) REQUIRED.--THE CLAIMS OF ALL THE OWNERS OF THE CONDEMNED
28 PROPERTY, INCLUDING JOINT TENANTS, TENANTS IN COMMON, LIFE
29 TENANTS, REMAINDERMEN, OWNERS OF EASEMENTS OR GROUND RENTS AND
30 ALL OTHERS HAVING AN INTEREST IN THE PROPERTY AND THE CLAIMS OF
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1 ALL TENANTS, IF ANY, OF THE PROPERTY, SHALL BE HEARD OR TRIED
2 TOGETHER.
3 (B) APPORTIONMENT OF DAMAGES.--THE AWARD OF THE VIEWERS OR
4 THE VERDICT ON APPEAL FROM THE VIEWERS SHALL, FIRST, FIX THE
5 TOTAL AMOUNT OF DAMAGES FOR THE PROPERTY AND, SECOND, APPORTION
6 THE TOTAL AMOUNT OF DAMAGES BETWEEN OR AMONG THE SEVERAL
7 CLAIMANTS ENTITLED TO DAMAGES.
8 (C) SEPARATE HEARINGS.--CLAIMS FOR SPECIAL DAMAGES UNDER
9 SECTION 902 (RELATING TO MOVING AND RELATED EXPENSES OF
10 DISPLACED PERSONS) MAY BE HEARD OR TRIED SEPARATELY.
11 § 508. APPOINTMENT OF TRUSTEE OR GUARDIAN AD LITEM.
12 THE COURT ON ITS OWN MOTION MAY, OR ON PETITION OF ANY PARTY
13 IN INTEREST SHALL, APPOINT A TRUSTEE AD LITEM OR GUARDIAN AD
14 LITEM, AS MAY BE APPROPRIATE, IN ACCORDANCE WITH GENERAL RULES.
15 § 509. FURNISHING OF PLANS TO VIEWERS.
16 (A) DUTY OF CONDEMNOR.--THE CONDEMNOR SHALL PROVIDE THE
17 VIEWERS AT OR BEFORE THE VIEW WITH A PLAN SHOWING THE ENTIRE
18 PROPERTY INVOLVED, THE IMPROVEMENTS, THE EXTENT AND NATURE OF
19 THE CONDEMNATION AND ANY OTHER PHYSICAL DATA, INCLUDING GRADES,
20 AS MAY BE NECESSARY FOR THE PROPER DETERMINATION OF JUST
21 COMPENSATION.
22 (B) SUPPLEMENTAL PLANS.--IF, IN THE OPINION OF THE VIEWERS,
23 THE PLANS ARE INSUFFICIENT, THE VIEWERS MAY REQUIRE THE
24 SUBMISSION OF SUPPLEMENTAL PLANS.
25 (C) COPIES TO CONDEMNEE.--COPIES OF THE PLANS SHALL BE
26 FURNISHED AT THE SAME TIME, WITHOUT COST, TO THE CONDEMNEE UPON
27 WRITTEN REQUEST.
28 (D) CONDEMNOR TO PAY FOR CONDEMNEE COST.--IF THE CONDEMNOR
29 DOES NOT FURNISH A PLAN OR THE CONDEMNOR'S PLANS ARE
30 INSUFFICIENT, THE COURT, ON APPLICATION OF THE CONDEMNEE, MAY
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1 CHARGE TO THE CONDEMNOR, AS COSTS, REASONABLE EXPENSES FOR PLANS
2 FURNISHED BY THE CONDEMNEE.
3 § 510. POWERS OF VIEWERS.
4 (A) PROCEEDINGS.--
5 (1) THE VIEWERS MAY ADJOURN THE PROCEEDINGS FROM TIME TO
6 TIME. UPON REQUEST OF THE VIEWERS OR A PARTY, THE COURT WHICH
7 APPOINTED THE VIEWERS SHALL ISSUE A SUBPOENA TO TESTIFY OR TO
8 PRODUCE BOOKS AND DOCUMENTS.
9 (2) ALL THE VIEWERS SHALL ACT, UNLESS PREVENTED BY
10 SICKNESS OR OTHER UNAVOIDABLE CAUSE, BUT A MAJORITY OF THE
11 VIEWERS MAY HEAR, DETERMINE, ACT UPON AND REPORT ALL MATTERS
12 RELATING TO THE VIEW FOR WHICH THEY WERE APPOINTED.
13 (B) CONSTRUCTION.--THE PROVISIONS OF THIS SECTION SHALL NOT
14 BE AFFECTED BY THE APPOINTMENT OF AN ALTERNATE VIEWER AS
15 PROVIDED FOR IN SECTION 504 (RELATING TO APPOINTMENT OF
16 VIEWERS).
17 § 511. ADMINISTRATIVE MATTERS FOR VIEWERS' HEARINGS.
18 (A) FACILITIES.--ALL VIEWERS' HEARINGS SHALL BE HELD
19 PUBLICLY IN A SUITABLE PLACE WITHIN THE COUNTY DESIGNATED BY THE
20 COURT.
21 (B) STENOGRAPHIC NOTES.--WHENEVER IN THE OPINION OF THE
22 VIEWERS IT IS DESIRABLE, ACCURATE STENOGRAPHIC NOTES OF HEARINGS
23 SHALL BE TAKEN, AND COPIES OF THE NOTES SHALL BE FURNISHED TO
24 THE PARTIES INTERESTED WHEN DESIRED UPON PAYMENT OF A SUM FIXED
25 BY THE RULES AND REGULATIONS OF THE RESPECTIVE COURT.
26 § 512. REPORT OF VIEWERS.
27 THE VIEWERS SHALL FILE A REPORT WHICH SHALL INCLUDE IN BRIEF
28 AND CONCISE PARAGRAPH FORM:
29 (1) THE DATE OF THEIR APPOINTMENT AS VIEWERS.
30 (2) A REFERENCE TO THE NOTICES OF THE TIME AND PLACE OF
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1 VIEW AND HEARING WITH PROOF OF SERVICE OF NOTICES, WHICH
2 SHALL BE ATTACHED TO THE REPORT.
3 (3) A COPY OF THE PLAN SHOWING THE EXTENT OF THE TAKING
4 OR INJURY UPON WHICH THE VIEWERS' AWARD IS PREDICATED AND A
5 STATEMENT OF THE NATURE OF THE INTEREST CONDEMNED.
6 (4) THE DATE OF THE FILING OF THE DECLARATION OF TAKING.
7 (5) A SCHEDULE OF DAMAGES AWARDED AND BENEFITS ASSESSED,
8 TO AND BY WHOM PAYABLE, AND FOR WHICH PROPERTY, SEPARATELY
9 STATED AS FOLLOWS: GENERAL DAMAGES, MOVING AND REMOVAL
10 EXPENSES, BUSINESS DISLOCATION DAMAGES AND OTHER ITEMS OF
11 SPECIAL DAMAGES AUTHORIZED BY THIS TITLE AND THE DATE FROM
12 WHICH DAMAGES FOR DELAY SHALL BE CALCULATED.
13 (6) IN THE CASE OF A PARTIAL TAKING, A STATEMENT AS TO
14 THE AMOUNT OF THE GENERAL DAMAGES ATTRIBUTABLE AS SEVERANCE
15 DAMAGES TO THE PART OF THE PROPERTY NOT TAKEN, IF THE
16 APPORTIONMENT HAS BEEN REQUESTED IN WRITING BY THE CONDEMNEE.
17 (7) WHERE THERE ARE SEVERAL INTERESTS IN THE CONDEMNED
18 PROPERTY, A STATEMENT OF THE TOTAL AMOUNT OF DAMAGES AND THE
19 DISTRIBUTION BETWEEN OR AMONG THE SEVERAL CLAIMANTS.
20 (8) WHETHER THERE ARE OTHER CLAIMANTS TO ANY INTEREST OR
21 ESTATE IN THE PROPERTY CONDEMNED AND THE VIEWERS'
22 DETERMINATION OF THE EXTENT, IF ANY, OF EACH INTEREST IN THE
23 PROPERTY AND IN THE AWARD.
24 (9) THEIR RULINGS ON ANY WRITTEN REQUESTS FOR FINDINGS
25 OF FACT AND CONCLUSIONS OF LAW SUBMITTED TO THEM.
26 (10) OTHER MATTERS THEY DEEM RELEVANT.
27 § 513. DISAGREEMENT.
28 IF A MAJORITY OF THE VIEWERS DO NOT AGREE ON A DECISION,
29 THREE NEW VIEWERS SHALL BE APPOINTED BY THE COURT UPON
30 APPLICATION OF ANY INTERESTED PARTY.
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1 § 514. FILING OF REPORT OF VIEWERS.
2 (A) TIME PERIOD FOR FILING.--THE VIEWERS SHALL FILE THEIR
3 REPORT WITHIN 30 DAYS OF THEIR FINAL HEARING OR WITHIN 30 DAYS
4 FROM THE FILING OF THE TRANSCRIPTION OF THE STENOGRAPHIC NOTES
5 OF TESTIMONY. THE TRANSCRIPTION SHALL BE FILED WITHIN 30 DAYS OF
6 THE FINAL HEARING.
7 (B) COPY OF REPORT AND NOTICE TO PARTIES.--TEN DAYS BEFORE
8 THE FILING OF THEIR REPORT, THE VIEWERS SHALL MAIL A COPY OF THE
9 REPORT TO ALL PARTIES OR THEIR ATTORNEYS OF RECORD, WITH NOTICE
10 OF THE DATE OF THE INTENDED FILING AND THAT THE REPORT SHALL
11 BECOME FINAL UNLESS AN APPEAL IS FILED WITHIN 30 DAYS FROM THE
12 DATE THE REPORT IS FILED.
13 (C) CORRECTION OF ERRORS.--PRIOR TO THE FILING OF THEIR
14 REPORT, THE VIEWERS MAY CORRECT ANY ERRORS IN THE REPORT AND
15 GIVE NOTICE TO THE PERSONS AFFECTED.
16 (D) OTHER ENTITIES TO RECEIVE REPORT.--A COPY OF THE REPORT,
17 WHEN FILED, SHALL ALSO BE MAILED TO ALL MORTGAGEES OF RECORD AND
18 OTHER LIENHOLDERS OF RECORD.
19 § 515. REPORTS.
20 (A) MULTIPLE PROPERTIES OR CLAIMS.--THE VIEWERS MAY INCLUDE
21 IN ONE REPORT ONE OR MORE PROPERTIES OR CLAIMS UNDER SECTION 902
22 (RELATING TO MOVING AND RELATED EXPENSES OF DISPLACED PERSONS)
23 REFERRED TO THEM UNDER THE SAME OR SEPARATE PETITIONS IF THE
24 PROPERTIES ARE INCLUDED IN THE SAME DECLARATION OF TAKING.
25 (B) EXPENSES AND DAMAGES.--THE VIEWERS MAY FILE A SEPARATE
26 REPORT FOR EXPENSES AND DAMAGES UNDER SECTION 902.
27 (C) FINALITY.--EACH REPORT SHALL BE FINAL AS TO THE PROPERTY
28 OR PROPERTIES INCLUDED AND SUBJECT TO SEPARATE APPEAL.
29 § 516. RIGHT OF APPEAL.
30 (A) EXTENT OF RIGHT.--
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1 (1) ANY PARTY AGGRIEVED BY THE DECISION OF THE VIEWERS
2 MAY APPEAL TO THE COURT. THE APPEAL SHALL RAISE ALL
3 OBJECTIONS OF LAW OR FACT TO THE VIEWERS' REPORT.
4 (2) THE APPEAL SHALL BE SIGNED BY THE APPELLANT OR AN
5 ATTORNEY OR AGENT, AND NO VERIFICATION SHALL BE REQUIRED.
6 (3) ANY AWARD OF DAMAGES OR ASSESSMENT OF BENEFITS, AS
7 THE CASE MAY BE, AS TO WHICH NO APPEAL IS TAKEN SHALL BECOME
8 FINAL AS OF COURSE AND SHALL CONSTITUTE A FINAL JUDGMENT.
9 (B) CONSOLIDATION.--THE COURT, ON ITS OWN MOTION OR ON
10 APPLICATION OF ANY PARTY IN INTEREST, MAY CONSOLIDATE SEPARATE
11 APPEALS INVOLVING ONLY COMMON QUESTIONS OF LAW AS ONE
12 PROCEEDING.
13 (C) CROSS APPEALS.--IF A TIMELY APPEAL IS FILED BY A PARTY,
14 ANY OTHER PARTY MAY FILE AN APPEAL WITHIN 15 DAYS OF THE DATE ON
15 WHICH THE FIRST APPEAL WAS FILED. AN APPEAL MAY BE TAKEN FROM
16 LESS THAN ALL OF AN AWARD.
17 (D) WITHDRAWAL.--PRIOR TO THE BEGINNING OF TESTIMONY, ANY
18 PARTY MAY WITHDRAW ITS APPEAL WITHOUT THE CONSENT OF THE OTHER
19 PARTIES.
20 § 517. APPEALS.
21 (A) CONTENTS.--THE APPEAL SHALL SET FORTH:
22 (1) THE NAME OF APPELLANT AND APPELLEE.
23 (2) A BRIEF DESCRIPTION OR IDENTIFICATION OF THE
24 PROPERTY INVOLVED AND THE CONDEMNEE'S INTEREST.
25 (3) A REFERENCE TO THE PROCEEDINGS APPEALED FROM AND THE
26 DATE OF THE FILING OF THE VIEWERS' REPORT.
27 (4) OBJECTIONS, IF ANY, TO THE VIEWERS' REPORT, OTHER
28 THAN TO THE AMOUNT OF THE AWARD.
29 (5) A DEMAND FOR JURY TRIAL, IF DESIRED. IF THE
30 APPELLANT DESIRES A JURY TRIAL, THE APPELLANT SHALL AT THE
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1 TIME OF FILING THE APPEAL ENDORSE THE APPEAL OR FILE
2 SEPARATELY A WRITTEN DEMAND FOR JURY TRIAL, SIGNED BY THE
3 APPELLANT OR COUNSEL.
4 (B) JURY TRIAL.--
5 (1) IF NO DEMAND FOR JURY TRIAL IS MADE BY THE
6 APPELLANT, ANY OTHER PARTY MAY FILE A WRITTEN DEMAND FOR JURY
7 TRIAL WITHIN 15 DAYS AFTER BEING SERVED WITH A COPY OF THE
8 APPEAL.
9 (2) IF NO PARTY MAKES A DEMAND FOR A JURY TRIAL AS
10 PROVIDED IN THIS SECTION, THE RIGHT TO JURY TRIAL SHALL BE
11 DEEMED TO HAVE BEEN WAIVED, AND THE COURT SHALL TRY THE CASE
12 WITHOUT A JURY.
13 (C) SERVICE.--THE APPELLANT SHALL SERVE A COPY OF THE APPEAL
14 ON ALL OTHER PARTIES WITHIN FIVE DAYS AFTER FILING THE APPEAL.
15 PROOF OF SERVICE OF A COPY OF THE APPEAL SHALL BE FILED BY THE
16 APPELLANT.
17 (D) OTHER PLEADINGS NOT REQUIRED.--NO OTHER PLEADINGS SHALL
18 BE REQUIRED AND THE CAUSE SHALL BE DEEMED AT ISSUE.
19 § 518. DISPOSITION OF APPEAL.
20 AN APPEAL SHALL BE DISPOSED AS FOLLOWS:
21 (1) ALL OBJECTIONS, OTHER THAN TO THE AMOUNT OF THE
22 AWARD, RAISED BY THE APPEAL SHALL BE DETERMINED BY THE COURT
23 PRELIMINARILY.
24 (2) THE COURT MAY CONFIRM, MODIFY OR CHANGE THE REPORT
25 OR REFER IT BACK TO THE SAME OR OTHER VIEWERS. A DECREE
26 CONFIRMING, MODIFYING OR CHANGING THE REPORT CONSTITUTES A
27 FINAL ORDER.
28 (3) THE AMOUNT OF DAMAGES SHALL BE DETERMINED BY THE
29 COURT UNLESS A JURY TRIAL HAS BEEN DEMANDED.
30 (4) AT THE TRIAL OF THE CASE, THE CONDEMNEE SHALL BE THE
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1 PLAINTIFF AND THE CONDEMNOR SHALL BE THE DEFENDANT.
2 § 519. ALLOCATION OF DAMAGES.
3 (A) SEVERANCE DAMAGES.--UPON APPEAL FROM AN AWARD OF
4 VIEWERS, THE COURT, UPON THE REQUEST OF THE PLAINTIFF, SHALL,
5 AFTER THE JURY OR THE COURT, IF THE TRIAL IS WITHOUT JURY, HAS
6 RETURNED ITS GENERAL VERDICT, MAKE A SPECIFIC FINDING AND
7 ALLOCATION OF THE AMOUNT OF THE GENERAL VERDICT ATTRIBUTABLE TO
8 SEVERANCE DAMAGES TO THE PART OF THE PROPERTY NOT TAKEN.
9 (B) OTHER DAMAGES.--THE JURY, OR THE COURT IN A TRIAL
10 WITHOUT A JURY, SHALL MAKE SPECIFIC FINDINGS AS TO THE PORTION
11 OF THE VERDICT ALLOCATED TO:
12 (1) GENERAL DAMAGES;
13 (2) MOVING AND REMOVAL EXPENSES;
14 (3) BUSINESS DISLOCATION DAMAGES; AND
15 (4) OTHER ITEMS OF SPECIAL DAMAGES AUTHORIZED BY THIS
16 TITLE;
17 EXCEPT REASONABLE APPRAISAL, ATTORNEY AND ENGINEERING FEES
18 RECOVERABLE UNDER SECTIONS 306 (RELATING TO PRELIMINARY
19 OBJECTIONS), 308 (RELATING TO REVOCATION OF CONDEMNATION
20 PROCEEDINGS), 709 (RELATING TO CONDEMNEE'S COSTS WHERE NO
21 DECLARATION OF TAKING FILED) AND 710 (RELATING TO LIMITED
22 REIMBURSEMENT OF APPRAISAL, ATTORNEY AND ENGINEERING FEES),
23 WHICH SHALL BE DETERMINED BY THE COURT IN AN APPROPRIATE CASE.
24 § 520. WAIVER OF VIEWERS' PROCEEDINGS AND TERMINATION BY
25 STIPULATION.
26 (A) WAIVER OF VIEWERS' PROCEEDINGS.--THE CONDEMNOR AND
27 CONDEMNEE MAY, BY WRITTEN AGREEMENT FILED WITH AND APPROVED BY
28 THE COURT, WAIVE PROCEEDINGS BEFORE VIEWERS AND PROCEED DIRECTLY
29 TO THE COURT ON AGREED ISSUES OF LAW OR FACT. THE PROCEEDINGS
30 SHALL THEN BE THE SAME AS ON APPEAL FROM A REPORT OF VIEWERS.
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1 (B) TERMINATION BY STIPULATION.--AT ANY TIME AFTER FILING OF
2 A PETITION FOR THE APPOINTMENT OF VIEWERS, THE PARTIES MAY, BY
3 STIPULATION FILED WITH THE PROTHONOTARY, TERMINATE THE VIEWERS'
4 PROCEEDINGS AS TO ALL OR PART OF THE PROPERTIES INVOLVED AND
5 STIPULATE THAT JUDGMENT MAY BE ENTERED FOR THE AMOUNT OF DAMAGES
6 AGREED ON FOR EACH PROPERTY INTEREST COVERED BY THE STIPULATION.
7 A COPY OF THE STIPULATION SHALL BE FILED WITH THE VIEWERS.
8 § 521. LIENS AND DISTRIBUTION OF DAMAGES.
9 (A) LIENS.--
10 (1) DAMAGES PAYABLE TO A CONDEMNEE UNDER SECTIONS 701
11 (RELATING TO JUST COMPENSATION; OTHER DAMAGES) THROUGH 707
12 (RELATING TO REMOVAL OF MACHINERY, EQUIPMENT OR FIXTURES),
13 713 (RELATING TO DELAY COMPENSATION), 714 (RELATING TO
14 CONSEQUENTIAL DAMAGES), 715 (RELATING TO DAMAGES FOR VACATION
15 OF ROADS) AND 902(B)(1) AND (2) (RELATING TO MOVING AND
16 RELATED EXPENSES OF DISPLACED PERSONS) SHALL BE SUBJECT TO A
17 LIEN FOR ALL TAXES AND MUNICIPAL CLAIMS ASSESSED AGAINST THE
18 PROPERTY AND TO ALL MORTGAGES, JUDGMENTS AND OTHER LIENS OF
19 RECORD AGAINST THE PROPERTY FOR WHICH THE PARTICULAR DAMAGES
20 ARE PAYABLE, EXISTING AT THE DATE OF THE FILING OF THE
21 DECLARATION OF TAKING.
22 (2) THE LIENS SHALL BE PAID OUT OF THE DAMAGES IN ORDER
23 OF PRIORITY BEFORE ANY PAYMENT TO THE CONDEMNEE, UNLESS
24 RELEASED.
25 (3) IN THE CASE OF A PARTIAL TAKING OR OF DAMAGES UNDER
26 SECTIONS 714 AND 715, THE LIENHOLDER SHALL BE ENTITLED ONLY
27 TO AN EQUITABLE PRO RATA SHARE OF THE DAMAGES LIENABLE UNDER
28 THIS SECTION.
29 (B) DISTRIBUTION OF DAMAGES.--
30 (1) THE CONDEMNOR SHALL DISTRIBUTE THE DAMAGES PROPERLY.
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1 IF THE CONDEMNOR IS UNABLE TO DETERMINE PROPER DISTRIBUTION
2 OF THE DAMAGES, IT MAY, WITHOUT PAYMENT INTO COURT, PETITION
3 THE COURT TO DISTRIBUTE THE DAMAGES AND SHALL FURNISH THE
4 COURT WITH A SCHEDULE OF PROPOSED DISTRIBUTION.
5 (2) NOTICE OF THE FILING OF THE PETITION AND SCHEDULE OF
6 PROPOSED DISTRIBUTION SHALL BE GIVEN TO ALL CONDEMNEES,
7 MORTGAGEES, JUDGMENT CREDITORS AND OTHER LIENHOLDERS, AS
8 SHOWN IN THE PROPOSED SCHEDULE, IN ANY MANNER AS THE COURT
9 MAY DIRECT BY GENERAL RULE OR SPECIAL ORDER.
10 (3) THE COURT MAY HEAR THE MATTER OR MAY APPOINT A
11 MASTER TO HEAR AND REPORT OR MAY ORDER ANY ISSUE TRIED BY THE
12 COURT AND JURY AS MAY APPEAR PROPER UNDER ALL THE
13 CIRCUMSTANCES.
14 (4) THE COURT SHALL THEN ENTER AN ORDER OF DISTRIBUTION
15 OF THE FUND.
16 § 522. PAYMENT INTO COURT AND DISTRIBUTION.
17 (A) PAYMENT INTO COURT.--
18 (1) UPON REFUSAL TO ACCEPT PAYMENT OF THE DAMAGES OR OF
19 THE ESTIMATED JUST COMPENSATION UNDER SECTION 307 (RELATING
20 TO POSSESSION, RIGHT OF ENTRY AND PAYMENT OF COMPENSATION) OR
21 IF THE PARTY ENTITLED THERETO CANNOT BE FOUND OR IF FOR ANY
22 OTHER REASON THE AMOUNT CANNOT BE PAID TO THE PARTY ENTITLED
23 THERETO, THE COURT UPON PETITION OF THE CONDEMNOR, WHICH
24 SHALL INCLUDE A SCHEDULE OF PROPOSED DISTRIBUTION, MAY DIRECT
25 PAYMENT AND COSTS INTO COURT OR AS THE COURT MAY DIRECT IN
26 FULL SATISFACTION.
27 (2) THE CONDEMNOR SHALL GIVE 20 DAYS' NOTICE OF THE
28 PRESENTATION OF THE PETITION, INCLUDING A COPY OF THE
29 SCHEDULE OF THE PROPOSED DISTRIBUTION, TO ALL PARTIES IN
30 INTEREST KNOWN TO THE CONDEMNOR IN ANY MANNER AS THE COURT
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1 MAY DIRECT BY GENERAL RULE OR SPECIAL ORDER.
2 (3) IF THE COURT IS SATISFIED IN A PARTICULAR CASE THAT
3 THE CONDEMNOR FAILED TO USE REASONABLE DILIGENCE IN GIVING
4 NOTICE, THE COURT MAY, UPON PETITION OF ANY PARTY IN INTEREST
5 ADVERSELY AFFECTED BY THE FAILURE TO GIVE NOTICE, ORDER THAT
6 COMPENSATION FOR DELAY IN PAYMENT BE AWARDED TO THE PARTY FOR
7 THE PERIOD AFTER DEPOSIT IN COURT BY THE CONDEMNOR UNDER THIS
8 SECTION UNTIL THE TIME THE PARTY IN INTEREST HAS RECEIVED A
9 DISTRIBUTION OF FUNDS UNDER THIS SECTION.
10 (B) DISTRIBUTION.--THE COURT UPON PETITION OF ANY PARTY IN
11 INTEREST SHALL DISTRIBUTE THE FUNDS PAID UNDER SUBSECTION (A) OR
12 ANY FUNDS DEPOSITED IN COURT UNDER SECTION 307 TO THE PERSONS
13 ENTITLED THERETO IN ACCORDANCE WITH THE PROCEDURE IN SECTION 521
14 (RELATING TO LIENS AND DISTRIBUTION OF DAMAGES), BUT, IF NO
15 PETITION IS PRESENTED WITHIN A PERIOD OF FIVE YEARS OF THE DATE
16 OF PAYMENT INTO COURT, THE COURT SHALL ORDER THE FUND OR ANY
17 BALANCE REMAINING TO BE PAID TO THE COMMONWEALTH WITHOUT
18 ESCHEAT. NO FEE SHALL BE CHARGED AGAINST THESE FUNDS.
19 CHAPTER 7
20 JUST COMPENSATION AND MEASURE OF DAMAGES
21 SEC.
22 701. JUST COMPENSATION; OTHER DAMAGES.
23 702. MEASURE OF DAMAGES.
24 703. FAIR MARKET VALUE.
25 704. EFFECT OF IMMINENCE OF CONDEMNATION.
26 705. CONTIGUOUS TRACTS AND UNITY OF USE.
27 706. EFFECT OF CONDEMNATION USE ON AFTER VALUE.
28 707. REMOVAL OF MACHINERY, EQUIPMENT OR FIXTURES.
29 708. EXPENSES INCIDENTAL TO TRANSFER OF TITLE.
30 709. CONDEMNEE'S COSTS WHERE NO DECLARATION OF TAKING FILED.
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1 710. LIMITED REIMBURSEMENT OF APPRAISAL, ATTORNEY AND
2 ENGINEERING FEES.
3 711. PAYMENT ON ACCOUNT OF INCREASED MORTGAGE COSTS.
4 712. LOSS OF RENTALS BECAUSE OF IMMINENCE OF CONDEMNATION.
5 713. DELAY COMPENSATION.
6 714. CONSEQUENTIAL DAMAGES.
7 715. DAMAGES FOR VACATION OF ROADS.
8 716. ATTEMPTED AVOIDANCE OF MONETARY JUST COMPENSATION.
9 § 701. JUST COMPENSATION; OTHER DAMAGES.
10 A CONDEMNEE SHALL BE ENTITLED TO JUST COMPENSATION FOR THE
11 TAKING, INJURY OR DESTRUCTION OF THE CONDEMNEE'S PROPERTY,
12 DETERMINED AS SET FORTH IN THIS CHAPTER. OTHER DAMAGES SHALL
13 ALSO BE PAID OR AWARDED AS PROVIDED IN THIS TITLE.
14 § 702. MEASURE OF DAMAGES.
15 (A) JUST COMPENSATION.--JUST COMPENSATION SHALL CONSIST OF
16 THE DIFFERENCE BETWEEN THE FAIR MARKET VALUE OF THE CONDEMNEE'S
17 ENTIRE PROPERTY INTEREST IMMEDIATELY BEFORE THE CONDEMNATION AND
18 AS UNAFFECTED BY THE CONDEMNATION AND THE FAIR MARKET VALUE OF
19 THE PROPERTY INTEREST REMAINING IMMEDIATELY AFTER THE
20 CONDEMNATION AND AS AFFECTED BY THE CONDEMNATION.
21 (B) URBAN DEVELOPMENT OR REDEVELOPMENT CONDEMNATION.--IN THE
22 CASE OF THE CONDEMNATION OF PROPERTY IN CONNECTION WITH ANY
23 URBAN DEVELOPMENT OR REDEVELOPMENT PROJECT, WHICH PROPERTY IS
24 DAMAGED BY SUBSIDENCE DUE TO FAILURE OF SURFACE SUPPORT
25 RESULTING FROM THE EXISTENCE OF MINE TUNNELS OR PASSAGEWAYS
26 UNDER THE PROPERTY OR BY REASON OF FIRES OCCURRING IN MINE
27 TUNNELS OR PASSAGEWAYS OR OF BURNING COAL REFUSE BANKS, THE
28 DAMAGE RESULTING FROM THE SUBSIDENCE OR UNDERGROUND FIRES OR
29 BURNING COAL REFUSE BANKS SHALL BE EXCLUDED IN DETERMINING THE
30 FAIR MARKET VALUE OF THE CONDEMNEE'S ENTIRE PROPERTY INTEREST
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1 IMMEDIATELY BEFORE THE CONDEMNATION.
2 (C) VALUE OF PROPERTY DAMAGED BY NATURAL DISASTER.--
3 (1) IN THE CASE OF THE CONDEMNATION OF PROPERTY IN
4 CONNECTION WITH ANY PROGRAM OR PROJECT WHICH PROPERTY IS
5 DAMAGED BY ANY NATURAL DISASTER, THE DAMAGE RESULTING FROM
6 THE NATURAL DISASTER SHALL BE EXCLUDED IN DETERMINING FAIR
7 MARKET VALUE OF THE CONDEMNEE'S ENTIRE PROPERTY INTEREST
8 IMMEDIATELY BEFORE THE CONDEMNATION.
9 (2) THIS SUBSECTION APPLIES ONLY WHERE THE DAMAGE
10 RESULTING FROM THE NATURAL DISASTER HAS OCCURRED WITHIN FIVE
11 YEARS PRIOR TO THE INITIATION OF NEGOTIATIONS FOR OR NOTICE
12 OF INTENT TO ACQUIRE OR ORDER TO VACATE THE PROPERTY AND
13 DURING THE OWNERSHIP OF THE PROPERTY BY THE CONDEMNEE. THE
14 DAMAGE TO BE EXCLUDED SHALL INCLUDE ONLY ACTUAL PHYSICAL
15 DAMAGE TO THE PROPERTY FOR WHICH THE CONDEMNEE HAS NOT
16 RECEIVED ANY COMPENSATION OR REIMBURSEMENT.
17 § 703. FAIR MARKET VALUE.
18 FAIR MARKET VALUE SHALL BE THE PRICE WHICH WOULD BE AGREED TO
19 BY A WILLING AND INFORMED SELLER AND BUYER, TAKING INTO
20 CONSIDERATION, BUT NOT LIMITED TO, THE FOLLOWING FACTORS:
21 (1) THE PRESENT USE OF THE PROPERTY AND ITS VALUE FOR
22 THAT USE.
23 (2) THE HIGHEST AND BEST REASONABLY AVAILABLE USE OF THE
24 PROPERTY AND ITS VALUE FOR THAT USE.
25 (3) THE MACHINERY, EQUIPMENT AND FIXTURES FORMING PART
26 OF THE REAL ESTATE TAKEN.
27 (4) OTHER FACTORS AS TO WHICH EVIDENCE MAY BE OFFERED AS
28 PROVIDED BY CHAPTER 11 (RELATING TO EVIDENCE).
29 § 704. EFFECT OF IMMINENCE OF CONDEMNATION.
30 ANY CHANGE IN THE FAIR MARKET VALUE PRIOR TO THE DATE OF
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1 CONDEMNATION WHICH THE CONDEMNOR OR CONDEMNEE ESTABLISHES WAS
2 SUBSTANTIALLY DUE TO THE GENERAL KNOWLEDGE OF THE IMMINENCE OF
3 CONDEMNATION, OTHER THAN THAT DUE TO PHYSICAL DETERIORATION OF
4 THE PROPERTY WITHIN THE REASONABLE CONTROL OF THE CONDEMNEE,
5 SHALL BE DISREGARDED IN DETERMINING FAIR MARKET VALUE.
6 § 705. CONTIGUOUS TRACTS AND UNITY OF USE.
7 WHERE ALL OR A PART OF SEVERAL CONTIGUOUS TRACTS IN
8 SUBSTANTIALLY IDENTICAL OWNERSHIP IS CONDEMNED OR A PART OF
9 SEVERAL NONCONTIGUOUS TRACTS IN SUBSTANTIALLY IDENTICAL
10 OWNERSHIP WHICH ARE USED TOGETHER FOR A UNIFIED PURPOSE IS
11 CONDEMNED, DAMAGES SHALL BE ASSESSED AS IF THE TRACTS WERE ONE
12 PARCEL.
13 § 706. EFFECT OF CONDEMNATION USE ON AFTER VALUE.
14 (A) GENERAL RULE.--IN DETERMINING THE FAIR MARKET VALUE OF
15 THE REMAINING PROPERTY AFTER A PARTIAL TAKING, CONSIDERATION
16 SHALL BE GIVEN TO THE USE TO WHICH THE PROPERTY CONDEMNED IS TO
17 BE PUT AND THE DAMAGES OR BENEFITS SPECIALLY AFFECTING THE
18 REMAINING PROPERTY DUE TO ITS PROXIMITY TO THE IMPROVEMENT FOR
19 WHICH THE PROPERTY WAS TAKEN.
20 (B) FUTURE DAMAGES AND GENERAL BENEFITS.--FUTURE DAMAGES AND
21 GENERAL BENEFITS WHICH WILL AFFECT THE ENTIRE COMMUNITY BEYOND
22 THE PROPERTIES DIRECTLY ABUTTING THE PROPERTY TAKEN SHALL NOT BE
23 CONSIDERED IN ARRIVING AT THE AFTER VALUE.
24 (C) SPECIAL BENEFITS.--SPECIAL BENEFITS TO THE REMAINING
25 PROPERTY SHALL IN NO EVENT EXCEED THE TOTAL DAMAGES, EXCEPT IN
26 CASES WHERE THE CONDEMNOR IS AUTHORIZED UNDER EXISTING LAW TO
27 MAKE SPECIAL ASSESSMENTS FOR BENEFITS.
28 (D) PARTIAL TAKING.--A PARTIAL TAKING SHALL NOT EXTINGUISH A
29 NONCONFORMING USE UNLESS ALL OR A SUBSTANTIAL PORTION OF THE
30 IMPROVEMENTS ON THE PROPERTY ARE WITHIN THE AREA OF THE PROPERTY
20050H2054B3821 - 114 -
1 TAKEN.
2 § 707. REMOVAL OF MACHINERY, EQUIPMENT OR FIXTURES.
3 (A) NOTICE TO CONDEMNEE.--IN THE EVENT THE CONDEMNOR DOES
4 NOT REQUIRE FOR ITS USE MACHINERY, EQUIPMENT OR FIXTURES FORMING
5 PART OF THE REAL ESTATE, IT SHALL SO NOTIFY THE CONDEMNEE.
6 (B) CONDEMNEE ELECTION.--
7 (1) THE CONDEMNEE MAY WITHIN 30 DAYS OF THE NOTICE ELECT
8 TO REMOVE THE MACHINERY, EQUIPMENT OR FIXTURES UNLESS THE
9 TIME IS EXTENDED BY THE CONDEMNOR.
10 (2) IF THE CONDEMNEE SO ELECTS, THE DAMAGES SHALL BE
11 REDUCED BY THE FAIR MARKET VALUE OF THE MACHINERY, EQUIPMENT
12 OR FIXTURES SEVERED FROM THE REAL ESTATE.
13 § 708. EXPENSES INCIDENTAL TO TRANSFER OF TITLE.
14 AN ACQUIRING AGENCY SHALL, ON THE DATE OF PAYMENT OF THE
15 PURCHASE PRICE OF AMICABLY ACQUIRED REAL PROPERTY OR OF PAYMENT
16 OR TENDER OF ESTIMATED JUST COMPENSATION IN A CONDEMNATION
17 PROCEEDING TO ACQUIRE REAL PROPERTY, WHICHEVER IS EARLIER OR AS
18 SOON AS IS PRACTICABLE, REIMBURSE THE OWNER FOR EXPENSES
19 NECESSARILY INCURRED FOR:
20 (1) RECORDING FEES, TRANSFER TAXES AND SIMILAR EXPENSES
21 INCIDENTAL TO CONVEYING THE REAL PROPERTY TO THE ACQUIRING
22 AGENCY.
23 (2) PENALTY COSTS FOR PREPAYMENT FOR ANY PREEXISTING
24 RECORDED MORTGAGE ENTERED INTO IN GOOD FAITH ENCUMBERING THE
25 REAL PROPERTY.
26 (3) THE PRO RATA PORTION OF REAL PROPERTY TAXES PAID
27 WHICH ARE ALLOCABLE TO A PERIOD SUBSEQUENT TO THE DATE OF
28 VESTING TITLE IN THE ACQUIRING AGENCY OR THE EFFECTIVE DATE
29 OF POSSESSION OF THE REAL PROPERTY BY THE ACQUIRING AGENCY,
30 WHICHEVER IS EARLIER.
20050H2054B3821 - 115 -
1 (4) THE PRO RATA PORTION OF WATER AND SEWER CHARGES PAID
2 TO A TAXING ENTITY OR A LOCAL AUTHORITY ALLOCABLE TO A PERIOD
3 SUBSEQUENT TO THE EFFECTIVE DATE OF POSSESSION OF THE REAL
4 PROPERTY BY THE ACQUIRING AGENCY.
5 § 709. CONDEMNEE'S COSTS WHERE NO DECLARATION OF TAKING FILED.
6 WHERE PROCEEDINGS ARE INSTITUTED BY A CONDEMNEE UNDER SECTION
7 502(C) (RELATING TO PETITION FOR APPOINTMENT OF VIEWERS), A
8 JUDGMENT AWARDING COMPENSATION TO THE CONDEMNEE FOR THE TAKING
9 OF PROPERTY SHALL INCLUDE REIMBURSEMENT OF REASONABLE APPRAISAL,
10 ATTORNEY AND ENGINEERING FEES AND OTHER COSTS AND EXPENSES
11 ACTUALLY INCURRED.
12 § 710. LIMITED REIMBURSEMENT OF APPRAISAL, ATTORNEY AND
13 ENGINEERING FEES.
14 (A) GENERAL RULE.--THE OWNER OF ANY RIGHT, TITLE OR INTEREST
15 IN REAL PROPERTY ACQUIRED OR INJURED BY AN ACQUIRING AGENCY, WHO
16 IS NOT ELIGIBLE FOR REIMBURSEMENT OF FEES UNDER SECTION 306(G)
17 (RELATING TO PRELIMINARY OBJECTIONS), 308(D) (RELATING TO
18 REVOCATION OF CONDEMNATION PROCEEDINGS) OR 709 (RELATING TO
19 CONDEMNEE'S COSTS WHERE NO DECLARATION OF TAKING FILED), SHALL
20 BE REIMBURSED IN AN AMOUNT NOT TO EXCEED $4,000 AS A PAYMENT
21 TOWARD REASONABLE EXPENSES ACTUALLY INCURRED FOR APPRAISAL,
22 ATTORNEY AND ENGINEERING FEES.
23 (B) ATTORNEY FEES.--IN DETERMINING REASONABLE ATTORNEY FEES
24 UNDER SECTIONS 306(G), 308(D), 709 AND THIS SECTION, THE COURT
25 SHALL CONSIDER ALL OF THE CIRCUMSTANCES OF THE CASE, INCLUDING,
26 BUT NOT LIMITED TO, TIME RECORDS IF AVAILABLE.
27 § 711. PAYMENT ON ACCOUNT OF INCREASED MORTGAGE COSTS.
28 (A) REIMBURSEMENT OF OWNER.--WHENEVER THE ACQUISITION OF
29 PROPERTY BY AN ACQUIRING AGENCY RESULTS IN THE TERMINATION OF AN
30 INSTALLMENT PURCHASE CONTRACT, MORTGAGE OR OTHER EVIDENCE OF
20050H2054B3821 - 116 -
1 DEBT ON THE ACQUIRED PROPERTY, REQUIRING THE LEGAL OR EQUITABLE
2 OWNER TO ENTER INTO ANOTHER INSTALLMENT PURCHASE CONTRACT,
3 MORTGAGE OR OTHER EVIDENCE OF DEBT ON THE PROPERTY PURCHASED FOR
4 THE SAME USE AS THE ACQUIRED PROPERTY, A LEGAL OR EQUITABLE
5 OWNER WHO DOES NOT QUALIFY FOR A PAYMENT UNDER SECTION 903(A)(2)
6 (RELATING TO REPLACEMENT HOUSING FOR HOMEOWNERS) SHALL BE
7 COMPENSATED FOR ANY INCREASED INTEREST AND OTHER DEBT SERVICE
8 COSTS WHICH THE OWNER IS REQUIRED TO PAY FOR FINANCING THE
9 ACQUISITION OF THE REPLACEMENT PROPERTY.
10 (B) DETERMINATION OF AMOUNT.--
11 (1) COMPENSATION FOR ANY INCREASED INTEREST AND OTHER
12 DEBT SERVICE COSTS SHALL BE EQUAL TO THE EXCESS IN THE
13 AGGREGATE INTEREST AND OTHER DEBT SERVICE COSTS OF THAT
14 AMOUNT ON THE PRINCIPAL OF THE INSTALLMENT PURCHASE CONTRACT,
15 MORTGAGE OR OTHER EVIDENCE OF DEBT ON THE REPLACEMENT
16 PROPERTY WHICH IS EQUAL TO THE UNPAID BALANCE OF THE
17 INSTALLMENT PURCHASE CONTRACT, MORTGAGE OR OTHER EVIDENCE OF
18 DEBT ON THE ACQUIRED PROPERTY OVER THE REMAINING TERM OF THE
19 INSTALLMENT PURCHASE CONTRACT, MORTGAGE OR OTHER EVIDENCE OF
20 DEBT ON THE ACQUIRED PROPERTY REDUCED TO PRESENT WORTH.
21 (2) THE DISCOUNT RATE TO BE USED IN REDUCING TO PRESENT
22 WORTH SHALL BE THE PREVAILING INTEREST RATE PAID ON SAVINGS
23 DEPOSITS BY COMMERCIAL BANKS IN THE GENERAL AREA IN WHICH THE
24 REPLACEMENT PROPERTY IS LOCATED.
25 (3) THE AMOUNT SHALL BE PAID ONLY IF THE ACQUIRED
26 PROPERTY WAS SUBJECT TO AN INSTALLMENT PURCHASE CONTRACT OR
27 ENCUMBERED BY A BONA FIDE MORTGAGE OR OTHER EVIDENCE OF DEBT
28 SECURED BY THE PROPERTY WHICH WAS A VALID LIEN ON THE
29 PROPERTY FOR NOT LESS THAN 180 DAYS PRIOR TO THE INITIATION
30 OF NEGOTIATIONS FOR THE ACQUISITION OF THE PROPERTY.
20050H2054B3821 - 117 -
1 § 712. LOSS OF RENTALS BECAUSE OF IMMINENCE OF CONDEMNATION.
2 (A) GENERAL RULE.--A PROPERTY OWNER SHALL BE ENTITLED TO
3 RECEIVE AS SPECIAL DAMAGES COMPENSATION FOR ANY LOSS, SUFFERED
4 PRIOR TO THE DATE OF TAKING, CAUSED BY A REDUCTION OF INCOME
5 FROM RENTALS WHICH THE PROPERTY OWNER ESTABLISHES WAS
6 SUBSTANTIALLY DUE TO THE GENERAL KNOWLEDGE OF THE IMMINENCE OF
7 CONDEMNATION, OTHER THAN THAT DUE TO PHYSICAL DETERIORATION OF
8 THE PROPERTY WITHIN THE REASONABLE CONTROL OF THE PROPERTY
9 OWNER.
10 (B) APPLICABILITY.--THIS SECTION APPLIES ONLY TO LOSSES OF
11 RENTAL INCOME SUFFERED FOLLOWING A 60-DAY PERIOD SUBSEQUENT TO
12 WRITTEN NOTICE FROM THE PROPERTY OWNER TO THE ACQUIRING AGENCY
13 THAT LOSSES OF RENTAL INCOME ARE BEING SUFFERED. CLAIMS FOR
14 SPECIAL DAMAGES UNDER THIS SECTION MAY BE MADE BY ANY PROPERTY
15 OWNER WHOSE PROPERTY IS OR WAS SCHEDULED FOR CONDEMNATION,
16 WHETHER OR NOT A CONDEMNATION SUBSEQUENTLY OCCURS. TOTAL DAMAGES
17 UNDER THIS SECTION SHALL NOT EXCEED $30,000.
18 § 713. DELAY COMPENSATION.
19 (A) GENERAL RULE.--COMPENSATION FOR DELAY IN PAYMENT SHALL
20 BE PAID AT AN ANNUAL RATE EQUAL TO THE PRIME RATE AS LISTED IN
21 THE FIRST EDITION OF THE WALL STREET JOURNAL PUBLISHED IN THE
22 YEAR, PLUS 1%, NOT COMPOUNDED, FROM:
23 (1) THE DATE OF RELINQUISHMENT OF POSSESSION OF THE
24 CONDEMNED PROPERTY BY THE CONDEMNEE; OR
25 (2) IF POSSESSION IS NOT REQUIRED TO EFFECTUATE
26 CONDEMNATION, THE DATE OF CONDEMNATION.
27 (B) EXCLUSION.--
28 (1) NO COMPENSATION FOR DELAY SHALL BE PAYABLE WITH
29 RESPECT TO FUNDS PAID ON ACCOUNT OR BY DEPOSIT IN COURT AFTER
30 THE DATE OF THE PAYMENT OR DEPOSIT.
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1 (2) DURING THE PERIOD THE CONDEMNEE REMAINS IN
2 POSSESSION AFTER THE CONDEMNATION:
3 (I) THE CONDEMNEE SHALL NOT BE ENTITLED TO
4 COMPENSATION FOR DELAY IN PAYMENT; AND
5 (II) THE CONDEMNOR SHALL NOT BE ENTITLED TO RENT OR
6 OTHER CHARGES FOR USE AND OCCUPANCY OF THE CONDEMNED
7 PROPERTY BY THE CONDEMNEE.
8 (C) AWARD OR JUDGMENT.--COMPENSATION FOR DELAY SHALL NOT BE
9 INCLUDED BY THE VIEWERS OR THE COURT OR JURY ON APPEAL AS PART
10 OF THE AWARD OR VERDICT BUT SHALL, AT THE TIME OF PAYMENT OF THE
11 AWARD OR JUDGMENT, BE CALCULATED UNDER SUBSECTION (A) AND ADDED
12 TO THE AWARD OR JUDGMENT. THERE SHALL BE NO FURTHER OR
13 ADDITIONAL PAYMENT OF INTEREST ON THE AWARD OR VERDICT.
14 § 714. CONSEQUENTIAL DAMAGES.
15 ALL CONDEMNORS, INCLUDING THE COMMONWEALTH, SHALL BE LIABLE
16 FOR DAMAGES TO PROPERTY ABUTTING THE AREA OF AN IMPROVEMENT
17 RESULTING FROM CHANGE OF GRADE OF A ROAD OR HIGHWAY, PERMANENT
18 INTERFERENCE WITH ACCESS OR INJURY TO SURFACE SUPPORT, WHETHER
19 OR NOT ANY PROPERTY IS TAKEN.
20 § 715. DAMAGES FOR VACATION OF ROADS.
21 WHENEVER A PUBLIC ROAD, STREET OR HIGHWAY IS VACATED, THE
22 AFFECTED OWNERS MAY RECOVER DAMAGES FOR ANY INJURIES SUSTAINED,
23 EVEN THOUGH NO LAND IS ACTUALLY TAKEN.
24 § 716. ATTEMPTED AVOIDANCE OF MONETARY JUST COMPENSATION.
25 WHERE A CONDEMNOR ATTEMPTS TO AVOID THE PAYMENT OF MONETARY
26 JUST COMPENSATION TO WHICH THE CONDEMNEE OTHERWISE WOULD BE
27 ENTITLED BY USE OF A SUBSTITUTE FOR MONETARY COMPENSATION AND
28 THE CONDEMNEE INCURS EXPENSES, INCLUDING APPRAISAL, ATTORNEY AND
29 ENGINEERING FEES, IN SECURING AN ADJUDICATION THAT THE
30 SUBSTITUTE IS NOT ADEQUATE, THE CONDEMNEE SHALL BE REIMBURSED BY
20050H2054B3821 - 119 -
1 THE CONDEMNOR FOR ALL THESE EXPENSES INCURRED.
2 CHAPTER 9
3 SPECIAL DAMAGES FOR DISPLACEMENT
4 SEC.
5 901. DEFINITIONS.
6 902. MOVING AND RELATED EXPENSES OF DISPLACED PERSONS.
7 903. REPLACEMENT HOUSING FOR HOMEOWNERS.
8 904. REPLACEMENT HOUSING FOR TENANTS AND OTHERS.
9 905. HOUSING REPLACEMENT AUTHORIZATION.
10 906. REGULATIONS.
11 907. PAYMENTS NOT TO BE CONSIDERED AS INCOME OR RESOURCES.
12 § 901. DEFINITIONS.
13 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
14 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
15 CONTEXT CLEARLY INDICATES OTHERWISE:
16 "ACQUIRING AGENCY." THE TERM INCLUDES AN AGENCY OR PERSON
17 THAT IS CARRYING OUT A PROGRAM OR PROJECT TO THE EXTENT THAT THE
18 AGENCY OR PERSON CAUSES A PERSON TO BECOME A DISPLACED PERSON.
19 § 902. MOVING AND RELATED EXPENSES OF DISPLACED PERSONS.
20 (A) REASONABLE EXPENSES INCURRED.--
21 (1) A DISPLACED PERSON SHALL BE REIMBURSED FOR
22 REASONABLE EXPENSES INCURRED IN MOVING THE DISPLACED PERSON
23 AND THE PERSON'S FAMILY AND FOR THE REMOVAL, TRANSPORTATION
24 AND REINSTALLATION OF PERSONAL PROPERTY.
25 (I) RECEIPTS SHALL BE PRIMA FACIE EVIDENCE OF
26 INCURRED REASONABLE MOVING EXPENSES.
27 (II) ANY DISPLACED PERSON WHO IS DISPLACED FROM A
28 DWELLING MAY ELECT TO RECEIVE, IN LIEU OF REIMBURSEMENT
29 OF INCURRED MOVING EXPENSES, A MOVING EXPENSE AND
30 DISLOCATION ALLOWANCE DETERMINED ACCORDING TO A SCHEDULE
20050H2054B3821 - 120 -
1 ESTABLISHED BY THE ACQUIRING AGENCY.
2 (2) AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS AND
3 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
4 PARAGRAPH:
5 "DISPLACED PERSON." INCLUDES A PERSON WHO MOVES FROM
6 REAL PROPERTY OR MOVES PERSONAL PROPERTY:
7 (I) AS A DIRECT RESULT OF A WRITTEN NOTICE OF INTENT
8 TO ACQUIRE OR THE ACQUISITION OF OTHER REAL PROPERTY, IN
9 WHOLE OR IN PART, ON WHICH THE PERSON CONDUCTS A BUSINESS
10 OR FARM OPERATION FOR A PROGRAM OR PROJECT UNDERTAKEN BY
11 AN ACQUIRING AGENCY; OR
12 (II) AS A DIRECT RESULT OF REHABILITATION,
13 DEMOLITION OR OTHER DISPLACING ACTIVITY OF OTHER REAL
14 PROPERTY ON WHICH SUCH PERSON CONDUCTS A BUSINESS OR A
15 FARM OPERATION UNDER A PROGRAM OR PROJECT UNDERTAKEN BY
16 AN ACQUIRING AGENCY IF THE DISPLACEMENT IS PERMANENT.
17 (B) DAMAGES FOR DISLOCATION OF BUSINESS OR FARM OPERATION.--
18 A DISPLACED PERSON WHO IS DISPLACED FROM A PLACE OF BUSINESS OR
19 FROM A FARM OPERATION SHALL BE ENTITLED, IN ADDITION TO ANY
20 PAYMENT RECEIVED UNDER SUBSECTION (A), TO DAMAGES FOR
21 DISLOCATION OF BUSINESS OR FARM OPERATION AS FOLLOWS:
22 (1) DAMAGES EQUAL TO THE VALUE IN PLACE OF THE PERSONAL
23 PROPERTY WHICH:
24 (I) IS NOT MOVED BECAUSE OF THE DISCONTINUANCE OF
25 THE BUSINESS OR FARM OPERATION OR THE UNAVAILABILITY OF A
26 COMPARABLE SITE FOR RELOCATION; OR
27 (II) CANNOT BE MOVED WITHOUT SUBSTANTIALLY
28 DESTROYING OR DIMINISHING ITS UTILITY IN THE RELOCATED
29 BUSINESS OR FARM OPERATION.
30 (2) (I) IN LIEU OF THE DAMAGES PROVIDED IN PARAGRAPH
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1 (1), AT THE OPTION OF THE DISPLACED PERSON, AN AMOUNT NOT
2 TO EXCEED $12,000 TO BE DETERMINED BY TAKING 50% OF THE
3 DIFFERENCE, IF ANY, BETWEEN THE ORIGINAL COST OF THE
4 PERSONAL PROPERTY TO THE DISPLACED PERSON OR THE
5 REPLACEMENT COST OF EQUIVALENT PROPERTY AT THE TIME OF
6 SALE, WHICHEVER IS LOWER, AND THE NET PROCEEDS OBTAINED
7 BY THE DISPLACED PERSON AT A COMMERCIALLY REASONABLE
8 PRIVATE OR PUBLIC SALE.
9 (II) IF THIS OPTION IS SELECTED, THE DISPLACED
10 PERSON SHALL GIVE THE ACQUIRING AGENCY NOT LESS THAN 60
11 DAYS' NOTICE IN WRITING OF INTENTION TO SEEK DAMAGES
12 UNDER THIS OPTION.
13 (III) THE DISPLACED PERSON SHALL NOT, DIRECTLY OR
14 INDIRECTLY, PURCHASE ANY OF THE PERSONAL PROPERTY AT
15 PRIVATE SALE. INVENTORY SHALL BE PAID FOR UNDER THIS
16 OPTION ONLY IF THE BUSINESS IS NOT RELOCATED.
17 (3) ACTUAL REASONABLE EXPENSES IN SEARCHING FOR A
18 REPLACEMENT BUSINESS OR FARM.
19 (4) ACTUAL REASONABLE EXPENSES NECESSARY TO REESTABLISH
20 A DISPLACED FARM, NONPROFIT ORGANIZATION OR SMALL BUSINESS AT
21 ITS NEW SITE, BUT NOT TO EXCEED $12,000. SITES OCCUPIED
22 SOLELY BY OUTDOOR ADVERTISING SIGNS, DISPLAYS OR DEVICES DO
23 NOT QUALIFY FOR THIS BENEFIT.
24 (5) (I) IN ADDITION TO DAMAGES UNDER SUBSECTION (A) AND
25 PARAGRAPHS (1), (2), (3) OR (4), DAMAGES IN AN AMOUNT
26 EQUAL TO THE AVERAGE ANNUAL NET EARNINGS BUT NOT MORE
27 THAN $60,000 NOR LESS THAN $3,000.
28 (II) PAYMENT SHALL BE MADE ONLY IF THE BUSINESS
29 CANNOT BE RELOCATED WITHOUT A SUBSTANTIAL LOSS OF PROFITS
30 AND IF THE BUSINESS IS NOT PART OF A COMMERCIAL
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1 ENTERPRISE HAVING MORE THAN THREE OTHER ENTITIES WHICH
2 ARE NOT BEING ACQUIRED BY THE ACQUIRING AGENCY AND WHICH
3 ARE UNDER THE SAME OWNERSHIP AND ARE ENGAGED IN THE SAME
4 OR SIMILAR BUSINESS ACTIVITIES.
5 (III) A PERSON WHOSE SOLE BUSINESS AT A DWELLING
6 FROM WHICH THE PERSON IS DISPLACED IS THE RENTAL OF SUCH
7 PROPERTY TO OTHERS SHALL NOT QUALIFY FOR A PAYMENT UNDER
8 THIS PARAGRAPH.
9 (IV) AS USED IN THIS PARAGRAPH, THE TERM "AVERAGE
10 ANNUAL NET EARNINGS" MEANS ONE-HALF OF ANY NET EARNINGS
11 OF THE BUSINESS OR FARM OPERATION BEFORE FEDERAL, STATE
12 AND LOCAL INCOME TAXES DURING THE TWO TAXABLE YEARS
13 IMMEDIATELY PRECEDING THE TAXABLE YEAR IN WHICH THE
14 BUSINESS OR FARM OPERATION MOVES FROM THE REAL PROPERTY
15 ACQUIRED FOR A PROJECT AND INCLUDES ANY COMPENSATION PAID
16 BY THE BUSINESS OR FARM OPERATION TO THE OWNER, A SPOUSE
17 OR DEPENDENTS DURING THIS PERIOD. THE REGULATIONS
18 PROMULGATED UNDER SECTION 906 (RELATING TO REGULATIONS)
19 MAY DESIGNATE ANOTHER PERIOD DETERMINED TO BE MORE
20 EQUITABLE FOR ESTABLISHING AVERAGE ANNUAL NET EARNINGS AS
21 LONG AS THE DESIGNATED PERIOD DOES NOT PRODUCE A LESSER
22 PAYMENT THAN WOULD BE PRODUCED BY USE OF THE LAST TWO
23 TAXABLE YEARS.
24 § 903. REPLACEMENT HOUSING FOR HOMEOWNERS.
25 (A) ADDITIONAL PAYMENTS TO CERTAIN HOMEOWNERS.--
26 (1) IN ADDITION TO PAYMENTS OTHERWISE AUTHORIZED, THE
27 ACQUIRING AGENCY SHALL MAKE AN ADDITIONAL PAYMENT NOT IN
28 EXCESS OF $27,000 TO ANY DISPLACED PERSON WHO IS DISPLACED
29 FROM A DWELLING ACTUALLY OWNED AND OCCUPIED BY THE DISPLACED
30 PERSON FOR NOT LESS THAN 180 DAYS PRIOR TO THE INITIATION OF
20050H2054B3821 - 123 -
1 NEGOTIATIONS FOR THE ACQUISITION OF THE PROPERTY OR THE
2 RECEIPT OF WRITTEN NOTICE FROM THE ACQUIRING AGENCY OF INTENT
3 TO ACQUIRE OR ORDER TO VACATE.
4 (2) THE ADDITIONAL PAYMENT SHALL INCLUDE THE FOLLOWING
5 ELEMENTS:
6 (I) THE AMOUNT, IF ANY, WHICH, WHEN ADDED TO THE
7 ACQUISITION COST OF THE ACQUIRED DWELLING, EQUALS THE
8 REASONABLE COST OF A COMPARABLE REPLACEMENT DWELLING
9 WHICH IS AVAILABLE TO THE DISPLACED PERSON ON THE PRIVATE
10 MARKET.
11 (II) THE AMOUNT, IF ANY, WHICH WILL COMPENSATE THE
12 DISPLACED PERSON FOR ANY INCREASED INTEREST AND OTHER
13 DEBT SERVICE COSTS WHICH THE PERSON IS REQUIRED TO PAY
14 FOR FINANCING THE ACQUISITION OF ANY COMPARABLE
15 REPLACEMENT DWELLING. THE AMOUNT SHALL BE PAID ONLY IF
16 THE ACQUIRED DWELLING WAS SUBJECT TO AN INSTALLMENT
17 PURCHASE CONTRACT OR ENCUMBERED BY A BONA FIDE
18 INSTALLMENT PURCHASE CONTRACT, MORTGAGE OR OTHER EVIDENCE
19 OF DEBT SECURED BY THE DWELLING WHICH WAS A VALID LIEN ON
20 SUCH DWELLING FOR NOT LESS THAN 180 DAYS IMMEDIATELY
21 PRIOR TO THE INITIATION OF NEGOTIATIONS FOR THE
22 ACQUISITION OF SUCH DWELLING.
23 (III) REASONABLE EXPENSES INCURRED BY THE DISPLACED
24 PERSON FOR EVIDENCE OF TITLE, RECORDING AND ATTORNEY
25 FEES, REAL PROPERTY TRANSFER TAXES AND OTHER CLOSING AND
26 RELATED COSTS INCIDENT TO THE PURCHASE AND FINANCING OF
27 THE REPLACEMENT DWELLING, BUT NOT INCLUDING PREPAID
28 EXPENSES.
29 (B) ONE-YEAR TIME PERIOD FOR PURCHASE OF REPLACEMENT
30 DWELLING.--
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1 (1) THE ADDITIONAL PAYMENT AUTHORIZED BY THIS SECTION
2 SHALL BE MADE ONLY TO A DISPLACED PERSON WHO PURCHASES AND
3 OCCUPIES A REPLACEMENT DWELLING, WHICH IS DECENT, SAFE,
4 SANITARY AND ADEQUATE TO ACCOMMODATE THE DISPLACED PERSON,
5 NOT LATER THAN THE END OF THE ONE-YEAR PERIOD BEGINNING ON
6 THE DATE ON WHICH THE PERSON RECEIVES FINAL PAYMENT OF FULL
7 ACQUISITION COST FOR THE ACQUIRED DWELLING OR ON THE DATE ON
8 WHICH THE PERSON MOVES FROM THE ACQUIRED DWELLING, WHICHEVER
9 IS LATER. REGULATIONS ISSUED UNDER SECTION 906 (RELATING TO
10 REGULATIONS) MAY PRESCRIBE SITUATIONS WHEN THE ONE-YEAR
11 PERIOD MAY BE EXTENDED.
12 (2) IF THE PERIOD IS EXTENDED, THE PAYMENT UNDER THIS
13 SECTION SHALL BE BASED ON THE COSTS OF RELOCATING THE PERSON
14 TO A COMPARABLE REPLACEMENT DWELLING WITHIN ONE YEAR OF THE
15 DATE ON WHICH THE PERSON RECEIVED FINAL PAYMENT OF FULL
16 ACQUISITION COSTS FOR THE ACQUIRED DWELLING.
17 (C) RIGHT OF ELECTION.--THE PERSON ENTITLED UNDER THIS
18 SECTION SHALL HAVE THE RIGHT TO ELECT THE BENEFITS AVAILABLE
19 UNDER SECTION 904 (RELATING TO REPLACEMENT HOUSING FOR TENANTS
20 AND OTHERS) IN LIEU OF THOSE PROVIDED BY THIS SECTION.
21 § 904. REPLACEMENT HOUSING FOR TENANTS AND OTHERS.
22 (A) PAYMENT TO CERTAIN DISPLACED PERSONS.--
23 (1) IN ADDITION TO AMOUNTS OTHERWISE AUTHORIZED, AN
24 ACQUIRING AGENCY SHALL MAKE A PAYMENT TO OR FOR ANY DISPLACED
25 PERSON DISPLACED FROM A DWELLING NOT ELIGIBLE TO RECEIVE A
26 PAYMENT UNDER SECTION 903 (RELATING TO REPLACEMENT HOUSING
27 FOR HOMEOWNERS), WHICH DWELLING WAS ACTUALLY AND LAWFULLY
28 OCCUPIED BY THE DISPLACED PERSON FOR NOT LESS THAN 90 DAYS
29 PRIOR TO THE INITIATION OF NEGOTIATIONS FOR ACQUISITION OF
30 THE DWELLING OR THE RECEIPT OF WRITTEN NOTICE FROM THE
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1 ACQUIRING AGENCY OF INTENT TO ACQUIRE OR ORDER TO VACATE. THE
2 PAYMENT SHALL BE THE AMOUNT DETERMINED TO BE NECESSARY TO
3 ENABLE THE DISPLACED PERSON TO LEASE A COMPARABLE REPLACEMENT
4 DWELLING FOR A PERIOD NOT TO EXCEED 42 MONTHS. THE AMOUNT
5 SHALL BE THE ADDITIONAL AMOUNT, IF ANY, OVER THE ACTUAL
6 RENTAL OR FAIR RENTAL VALUE OF THE ACQUIRED DWELLING, BUT NOT
7 MORE THAN $6,300.
8 (2) ANY PERSON ELIGIBLE FOR A PAYMENT UNDER PARAGRAPH
9 (1) MAY ELECT TO APPLY THE PAYMENT TO A DOWN PAYMENT ON, AND
10 OTHER INCIDENTAL EXPENSES PURSUANT TO, THE PURCHASE OF A
11 DECENT, SAFE AND SANITARY REPLACEMENT DWELLING.
12 (B) CONDITION OF PAYMENT.--THE ADDITIONAL PAYMENT AUTHORIZED
13 BY THIS SECTION SHALL BE MADE ONLY TO A DISPLACED PERSON WHO
14 OCCUPIES A REPLACEMENT DWELLING WHICH IS DECENT, SAFE AND
15 SANITARY.
16 § 905. HOUSING REPLACEMENT AUTHORIZATION.
17 (A) SHORT TITLE OF SECTION.--THIS SECTION SHALL BE KNOWN AND
18 MAY BE CITED AS THE HOUSING REPLACEMENT AUTHORIZATION ACT.
19 (B) HOUSING REPLACEMENTS BY ACQUIRING AGENCY AS LAST
20 RESORT.--
21 (1) IF COMPARABLE REPLACEMENT SALE OR RENTAL HOUSING IS
22 NOT AVAILABLE IN THE NEIGHBORHOOD OR COMMUNITY IN WHICH A
23 PROGRAM OR PROJECT IS LOCATED AND THIS HOUSING CANNOT
24 OTHERWISE BE MADE AVAILABLE, THE ACQUIRING AGENCY MAY
25 PURCHASE, CONSTRUCT, RECONSTRUCT OR OTHERWISE PROVIDE
26 REPLACEMENT HOUSING BY USE OF FUNDS AUTHORIZED FOR THE
27 PROGRAM OR PROJECT. FOR THIS PURPOSE, THE ACQUIRING AGENCY
28 MAY EXERCISE ITS POWER OF EMINENT DOMAIN TO ACQUIRE PROPERTY
29 IN FEE SIMPLE OR ANY LESSER ESTATE AS IT DEEMS ADVISABLE.
30 (2) REPLACEMENT HOUSING PROVIDED UNDER THIS SECTION MAY
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1 BE SOLD, LEASED OR OTHERWISE DISPOSED OF BY THE ACQUIRING
2 AGENCY, FOR OR WITHOUT CONSIDERATION, TO DISPLACED PERSONS OR
3 TO NONPROFIT, LIMITED DIVIDEND OR COOPERATIVE ORGANIZATIONS
4 OR PUBLIC BODIES, ON TERMS AND CONDITIONS AS THE ACQUIRING
5 AGENCY DEEMS NECESSARY AND PROPER TO EFFECT THE RELOCATION OF
6 PERSONS DISPLACED BY A PROGRAM OR PROJECT.
7 (3) THE ACQUIRING AGENCY MAY CONTRACT WITH OTHER PUBLIC
8 AGENCIES OR ANY PERSON FOR THE FINANCING, PLANNING,
9 ACQUISITION, DEVELOPMENT, CONSTRUCTION, MANAGEMENT, SALE,
10 LEASE OR OTHER DISPOSITION OF REPLACEMENT HOUSING PROVIDED
11 UNDER THIS SECTION.
12 (C) PLANNING AND OTHER PRELIMINARY EXPENSES FOR REPLACEMENT
13 HOUSING.--
14 (1) A GOVERNMENTAL ACQUIRING AGENCY MAY MAKE LOANS AND
15 GRANTS TO NONPROFIT, LIMITED DIVIDEND OR COOPERATIVE
16 ORGANIZATIONS OR PUBLIC BODIES FOR NECESSARY AND REASONABLE
17 EXPENSES, PRIOR TO CONSTRUCTION, FOR PLANNING AND OBTAINING
18 MORTGAGE FINANCING FOR THE REHABILITATION OR CONSTRUCTION OF
19 HOUSING FOR THESE DISPLACED PERSONS.
20 (2) THE LOANS AND GRANTS SHALL BE MADE PRIOR TO THE
21 AVAILABILITY OF FINANCING FOR ITEMS SUCH AS PRELIMINARY
22 SURVEYS AND ANALYSES OF MARKET NEEDS, PRELIMINARY SITE
23 ENGINEERING, PRELIMINARY ARCHITECTURAL FEES, LEGAL, APPRAISAL
24 AND ORGANIZATIONAL FEES, SITE ACQUISITION, APPLICATION AND
25 MORTGAGE COMMITMENT FEES, CONSTRUCTION LOAN FEES AND
26 DISCOUNTS AND SIMILAR ITEMS.
27 (3) LOANS TO AN ORGANIZATION ESTABLISHED FOR PROFIT
28 SHALL BEAR INTEREST AT MARKET RATE DETERMINED BY THE
29 ACQUIRING AGENCY. ALL OTHER LOANS AND GRANTS SHALL BE WITHOUT
30 INTEREST.
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1 (4) THE ACQUIRING AGENCY SHALL REQUIRE REPAYMENT OF
2 LOANS AND GRANTS MADE UNDER THIS SECTION, UNDER ANY TERMS AND
3 CONDITIONS IT REQUIRES, UPON COMPLETION OF THE PROJECT OR
4 SOONER. HOWEVER, EXCEPT IN THE CASE OF A LOAN TO AN
5 ORGANIZATION ESTABLISHED FOR PROFIT, THE ACQUIRING AGENCY MAY
6 CANCEL ANY PART OR ALL OF A LOAN AND MAY CANCEL THE REPAYMENT
7 PROVISIONS OF A GRANT IF IT DETERMINES THAT A PERMANENT LOAN
8 TO FINANCE THE REHABILITATION OR THE CONSTRUCTION OF THE
9 HOUSING CANNOT BE OBTAINED IN AN AMOUNT ADEQUATE FOR
10 REPAYMENT OF THE LOAN.
11 (D) AVAILABILITY OF FUNDS.--FUNDS, INCLUDING MOTOR LICENSE
12 FUNDS AND OTHER SPECIAL FUNDS, APPROPRIATED OR OTHERWISE
13 AVAILABLE TO ANY ACQUIRING AGENCY FOR A PROGRAM OR PROJECT,
14 WHICH RESULTS IN THE DISPLACEMENT OF ANY PERSON, SHALL BE
15 AVAILABLE ALSO FOR OBLIGATIONS AND EXPENDITURES TO CARRY OUT THE
16 PROVISIONS OF THIS SECTION.
17 § 906. REGULATIONS.
18 THE GENERAL COUNSEL MAY PROMULGATE REGULATIONS NECESSARY TO
19 ASSURE THAT:
20 (1) THE PAYMENTS AUTHORIZED BY THIS CHAPTER SHALL BE
21 MADE IN A MANNER WHICH IS FAIR AND REASONABLE AND AS UNIFORM
22 AS PRACTICABLE.
23 (2) A DISPLACED PERSON WHO MAKES PROPER APPLICATION FOR
24 A PAYMENT AUTHORIZED FOR THAT PERSON BY THIS CHAPTER SHALL BE
25 PAID PROMPTLY AFTER A MOVE OR, IN HARDSHIP CASES, BE PAID IN
26 ADVANCE.
27 (3) ANY PERSON AGGRIEVED BY A DETERMINATION AS TO
28 ELIGIBILITY FOR A PAYMENT AUTHORIZED BY THIS CHAPTER OR THE
29 AMOUNT OF A PAYMENT MAY ELECT TO HAVE THE APPLICATION
30 REVIEWED BY THE HEAD OF THE ACQUIRING AGENCY.
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1 (4) EACH DISPLACED PERSON SHALL RECEIVE THE MAXIMUM
2 PAYMENTS AUTHORIZED BY THIS CHAPTER.
3 (5) EACH ACQUIRING AGENCY MAY OBTAIN THE MAXIMUM FEDERAL
4 REIMBURSEMENT FOR RELOCATION PAYMENT AND ASSISTANCE COSTS
5 AUTHORIZED BY ANY FEDERAL LAW.
6 § 907. PAYMENTS NOT TO BE CONSIDERED AS INCOME OR RESOURCES.
7 NO PAYMENT RECEIVED BY A DISPLACED PERSON UNDER THIS CHAPTER
8 SHALL BE CONSIDERED AS INCOME OR RESOURCES FOR THE PURPOSE OF
9 DETERMINING THE ELIGIBILITY OR EXTENT OF ELIGIBILITY OF ANY
10 PERSON FOR ASSISTANCE UNDER ANY STATE LAW OR FOR THE PURPOSES OF
11 THE STATE OR LOCAL PERSONAL INCOME OR WAGE TAX LAWS, CORPORATION
12 TAX LAWS OR OTHER TAX LAWS. NO PAYMENTS UNDER THIS CHAPTER
13 EXCEPT THOSE PROVIDED FOR IN SECTION 902(B) (RELATING TO MOVING
14 AND RELATED EXPENSES OF DISPLACED PERSONS) SHALL BE SUBJECT TO
15 ATTACHMENT OR EXECUTION AT LAW OR IN EQUITY.
16 CHAPTER 11
17 EVIDENCE
18 SEC.
19 1101. VIEWERS' HEARING.
20 1102. CONDEMNOR'S EVIDENCE BEFORE VIEWERS.
21 1103. TRIAL IN COURT ON APPEAL.
22 1104. COMPETENCY OF CONDEMNEE AS WITNESS.
23 1105. EVIDENCE GENERALLY.
24 1106. USE OF CONDEMNED PROPERTY.
25 § 1101. VIEWERS' HEARING.
26 THE VIEWERS MAY HEAR TESTIMONY, RECEIVE EVIDENCE AND MAKE
27 INDEPENDENT INVESTIGATION AS THEY DEEM APPROPRIATE, WITHOUT
28 BEING BOUND BY FORMAL RULES OF EVIDENCE.
29 § 1102. CONDEMNOR'S EVIDENCE BEFORE VIEWERS.
30 THE CONDEMNOR SHALL, AT THE HEARING BEFORE THE VIEWERS,
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1 PRESENT EXPERT TESTIMONY OF THE AMOUNT OF DAMAGES SUFFERED BY
2 THE CONDEMNEE.
3 § 1103. TRIAL IN COURT ON APPEAL.
4 AT THE TRIAL IN COURT ON APPEAL:
5 (1) EITHER PARTY MAY, AS A MATTER OF RIGHT, HAVE THE
6 JURY OR THE JUDGE IN A TRIAL WITHOUT A JURY VIEW THE PROPERTY
7 INVOLVED, NOTWITHSTANDING THAT STRUCTURES HAVE BEEN
8 DEMOLISHED OR THE SITE ALTERED, AND THE VIEW SHALL BE
9 EVIDENTIARY. IF THE TRIAL IS WITH A JURY, THE TRIAL JUDGE
10 SHALL ACCOMPANY THE JURY ON THE VIEW.
11 (2) IF ANY VALUATION EXPERT WHO HAS NOT PREVIOUSLY
12 TESTIFIED BEFORE THE VIEWERS IS TO TESTIFY, THE PARTY CALLING
13 THE EXPERT MUST DISCLOSE THE EXPERT'S NAME AND SERVE A
14 STATEMENT OF THE VALUATION OF THE PROPERTY BEFORE AND AFTER
15 THE CONDEMNATION AND THE EXPERT'S OPINION OF THE HIGHEST AND
16 BEST USE OF THE PROPERTY BEFORE THE CONDEMNATION AND OF ANY
17 PART REMAINING AFTER THE CONDEMNATION ON THE OPPOSING PARTY
18 AT LEAST TEN DAYS BEFORE THE COMMENCEMENT OF THE TRIAL.
19 (3) THE REPORT OF THE VIEWERS AND THE AMOUNT OF THEIR
20 AWARD SHALL NOT BE ADMISSIBLE AS EVIDENCE.
21 § 1104. COMPETENCY OF CONDEMNEE AS WITNESS.
22 THE CONDEMNEE OR AN OFFICER OF A CORPORATE CONDEMNEE, WITHOUT
23 FURTHER QUALIFICATION, MAY TESTIFY AS TO JUST COMPENSATION
24 WITHOUT COMPLIANCE WITH THE PROVISIONS OF SECTION 1103(2)
25 (RELATING TO TRIAL IN COURT ON APPEAL).
26 § 1105. EVIDENCE GENERALLY.
27 AT THE HEARING BEFORE THE VIEWERS OR AT THE TRIAL IN COURT ON
28 APPEAL:
29 (1) A QUALIFIED VALUATION EXPERT MAY, ON DIRECT OR
30 CROSS-EXAMINATION, STATE ANY OR ALL FACTS AND DATA WHICH THE
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1 EXPERT CONSIDERED IN ARRIVING AT AN OPINION, WHETHER OR NOT
2 THE EXPERT HAS PERSONAL KNOWLEDGE OF THE FACTS AND DATA; AND
3 A STATEMENT OF THE FACTS AND DATA AND THE SOURCES OF
4 INFORMATION SHALL BE SUBJECT TO IMPEACHMENT AND REBUTTAL.
5 (2) A QUALIFIED VALUATION EXPERT MAY, ON DIRECT OR
6 CROSS-EXAMINATION, TESTIFY IN DETAIL AS TO THE VALUATION OF
7 THE PROPERTY ON A COMPARABLE MARKET VALUE, REPRODUCTION COST
8 OR CAPITALIZATION BASIS, WHICH TESTIMONY MAY INCLUDE, BUT
9 SHALL NOT BE LIMITED TO, THE FOLLOWING:
10 (I) THE PRICE AND OTHER TERMS OF ANY SALE OR
11 CONTRACT TO SELL THE CONDEMNED PROPERTY OR COMPARABLE
12 PROPERTY MADE WITHIN A REASONABLE TIME BEFORE OR AFTER
13 THE DATE OF CONDEMNATION.
14 (II) THE RENT RESERVED AND OTHER TERMS OF ANY LEASE
15 OF THE CONDEMNED PROPERTY OR COMPARABLE PROPERTY WHICH
16 WAS IN EFFECT WITHIN A REASONABLE TIME BEFORE OR AFTER
17 THE DATE OF CONDEMNATION.
18 (III) THE CAPITALIZATION OF THE NET RENTAL OR
19 REASONABLE NET RENTAL VALUE OF THE CONDEMNED PROPERTY,
20 INCLUDING REASONABLE NET RENTAL VALUES CUSTOMARILY
21 DETERMINED BY A PERCENTAGE OR OTHER MEASURABLE PORTION OF
22 GROSS SALES OR GROSS INCOME OF A BUSINESS WHICH MAY
23 REASONABLY BE CONDUCTED ON THE PREMISES, AS DISTINGUISHED
24 FROM THE CAPITALIZED VALUE OF THE INCOME OR PROFITS
25 ATTRIBUTABLE TO ANY BUSINESS CONDUCTED ON THE PREMISES OF
26 THE CONDEMNED PROPERTY.
27 (IV) THE VALUE OF THE LAND TOGETHER WITH THE COST OF
28 REPLACING OR REPRODUCING THE EXISTING IMPROVEMENTS LESS
29 DEPRECIATION OR OBSOLESCENCE.
30 (V) THE COST OF ADJUSTMENTS AND ALTERATIONS TO ANY
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1 REMAINING PROPERTY MADE NECESSARY OR REASONABLY REQUIRED
2 BY THE CONDEMNATION.
3 (3) EITHER PARTY MAY SHOW THE DIFFERENCE BETWEEN THE
4 CONDITION OF THE PROPERTY AND OF THE IMMEDIATE NEIGHBORHOOD
5 AT THE TIME OF CONDEMNATION AND AT THE TIME OF VIEW, EITHER
6 BY THE VIEWERS OR JURY.
7 (4) THE ASSESSED VALUATIONS OF PROPERTY CONDEMNED SHALL
8 NOT BE ADMISSIBLE IN EVIDENCE FOR ANY PURPOSE.
9 (5) A QUALIFIED VALUATION EXPERT MAY TESTIFY THAT THE
10 EXPERT HAS RELIED UPON THE WRITTEN REPORT OF ANOTHER EXPERT
11 AS TO THE COST OF ADJUSTMENTS AND ALTERATIONS TO ANY
12 REMAINING PROPERTY MADE NECESSARY OR REASONABLY REQUIRED BY
13 THE CONDEMNATION, BUT ONLY IF A COPY OF THE WRITTEN REPORT
14 HAS BEEN FURNISHED TO THE OPPOSING PARTY TEN DAYS IN ADVANCE
15 OF THE TRIAL.
16 (6) IF OTHERWISE QUALIFIED, A VALUATION EXPERT SHALL NOT
17 BE DISQUALIFIED BY REASON OF NOT HAVING MADE SALES OF
18 PROPERTY OR NOT HAVING EXAMINED THE CONDEMNED PROPERTY PRIOR
19 TO THE CONDEMNATION IF THE EXPERT CAN SHOW HE HAS ACQUIRED
20 KNOWLEDGE OF ITS CONDITION AT THE TIME OF THE CONDEMNATION.
21 § 1106. USE OF CONDEMNED PROPERTY.
22 IN ARRIVING AT A VALUATION OF THE REMAINING PART OF THE
23 PROPERTY IN A PARTIAL CONDEMNATION, AN EXPERT WITNESS MAY
24 CONSIDER AND TESTIFY TO THE USE TO WHICH THE CONDEMNED PROPERTY
25 IS INTENDED TO BE PUT BY THE CONDEMNOR.
26 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
27 § 702.1. EXPEDITED APPEALS IN EMINENT DOMAIN PROCEEDINGS.
28 WHEN A COURT IN AN EMINENT DOMAIN PROCEEDING RULES ON
29 PRELIMINARY OBJECTIONS TO A DECLARATION OF TAKING AND IS OF THE
30 OPINION THAT THE MATTERS INVOLVED ARE OF IMMEDIATE PUBLIC
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1 IMPORTANCE, IT SHALL, UPON REQUEST OF A PARTY, SO STATE IN THE
2 ORDER. IF AN APPEAL IS TAKEN FROM THAT ORDER, THE APPELLATE
3 COURT SHALL GIVE PRIORITY TO THE DETERMINATION OF THE ISSUES
4 RAISED BY THE APPEAL.
5 SECTION 3. SECTIONS 5526(4), 5527, 5530(A)(3) AND 6121 OF
6 TITLE 42 ARE AMENDED TO READ:
7 § 5526. FIVE YEAR LIMITATION.
8 THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE COMMENCED
9 WITHIN FIVE YEARS:
10 * * *
11 [(4) A PROCEEDING IN INVERSE CONDEMNATION, IF PROPERTY
12 HAS BEEN INJURED BUT NO PART THEREOF HAS BEEN TAKEN, OR IF
13 THE CONDEMNOR HAS MADE PAYMENT IN ACCORDANCE WITH SECTION
14 407(A) OR (B) (RELATING TO POSSESSION AND PAYMENT OF
15 COMPENSATION) OF THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.84,
16 NO.6), KNOWN AS THE "EMINENT DOMAIN CODE."]
17 § 5527. SIX YEAR LIMITATION.
18 (A) EMINENT DOMAIN.--
19 (1) (I) IF A CONDEMNOR HAS FILED A DECLARATION OF
20 TAKING, A PETITION FOR THE APPOINTMENT OF VIEWERS FOR THE
21 ASSESSMENT OF DAMAGES UNDER 26 PA.C.S. (RELATING TO
22 EMINENT DOMAIN) MUST BE FILED WITHIN SIX YEARS FROM THE
23 DATE ON WHICH THE CONDEMNOR FIRST MADE PAYMENT IN
24 ACCORDANCE WITH 26 PA.C.S. § 307(A) OR (B) (RELATING TO
25 POSSESSION, RIGHT OF ENTRY AND PAYMENT OF COMPENSATION).
26 (II) IF PAYMENT IS NOT REQUIRED TO BE MADE UNDER 26
27 PA.C.S. § 307(A) TO OBTAIN POSSESSION, A PETITION FOR THE
28 APPOINTMENT OF VIEWERS MUST BE FILED WITHIN SIX YEARS OF
29 THE FILING OF THE DECLARATION OF TAKING.
30 (2) IF THE CONDEMNOR HAS NOT FILED A DECLARATION OF
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1 TAKING, A PETITION FOR THE APPOINTMENT OF VIEWERS FOR THE
2 ASSESSMENT OF DAMAGES UNDER 26 PA.C.S MUST BE FILED WITHIN
3 SIX YEARS FROM THE DATE ON WHICH THE ASSERTED TAKING, INJURY
4 OR DESTRUCTION OF THE PROPERTY OCCURRED OR COULD REASONABLY
5 HAVE BEEN DISCOVERED BY THE CONDEMNEE.
6 (B) OTHER CIVIL ACTION OR PROCEEDING.--ANY CIVIL ACTION OR
7 PROCEEDING WHICH IS NEITHER SUBJECT TO ANOTHER LIMITATION
8 SPECIFIED IN THIS SUBCHAPTER NOR EXCLUDED FROM THE APPLICATION
9 OF A PERIOD OF LIMITATION BY SECTION 5531 (RELATING TO NO
10 LIMITATION) MUST BE COMMENCED WITHIN SIX YEARS.
11 § 5530. TWENTY-ONE YEAR LIMITATION.
12 (A) GENERAL RULE.--THE FOLLOWING ACTIONS AND PROCEEDINGS
13 MUST BE COMMENCED WITHIN 21 YEARS:
14 * * *
15 [(3) A PROCEEDING IN INVERSE CONDEMNATION, IF PROPERTY
16 HAS BEEN TAKEN AND THE CONDEMNOR HAS NOT MADE PAYMENT IN
17 ACCORDANCE WITH SECTION 407(A) OR (B) (RELATING TO POSSESSION
18 AND PAYMENT OF COMPENSATION) OF THE ACT OF JUNE 22, 1964
19 (SP.SESS., P.L.84, NO.6), KNOWN AS THE "EMINENT DOMAIN
20 CODE."]
21 * * *
22 § 6121. EMINENT DOMAIN MATTERS.
23 EMINENT DOMAIN MATTERS SHALL BE GOVERNED BY THE PROVISIONS OF
24 [ARTICLE VII (RELATING TO EVIDENCE) OF THE ACT OF JUNE 22, 1964
25 (SP.SESS., P.L.84, NO.6), KNOWN AS THE "EMINENT DOMAIN CODE,"]
26 26 PA.C.S. CH. 11 (RELATING TO EVIDENCE) IN ADDITION TO THE
27 PROVISIONS OF THIS CHAPTER.
28 SECTION 4. SECTION 1505 OF TITLE 51 IS AMENDED TO READ:
29 § 1505. DONATION OF LAND BY POLITICAL SUBDIVISIONS.
30 IT SHALL BE LAWFUL FOR ANY COUNTY, CITY, BOROUGH, TOWN OR
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1 TOWNSHIP TO ACQUIRE BY PURCHASE OR BY GIFT, OR BY THE RIGHT OF
2 EMINENT DOMAIN, ANY LAND FOR THE USE OF THE PENNSYLVANIA
3 NATIONAL GUARD, AND TO CONVEY SUCH LANDS SO ACQUIRED TO THE
4 COMMONWEALTH OF PENNSYLVANIA. THE PROCEEDINGS FOR THE
5 CONDEMNATION OF LANDS UNDER THE PROVISIONS OF THIS CHAPTER AND
6 FOR THE ASSESSMENT OF DAMAGES FOR THE PROPERTY TAKEN, INJURED OR
7 DESTROYED SHALL BE TAKEN IN THE SAME MANNER AS IS NOW PROVIDED
8 BY [THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.84, NO.6), KNOWN AS
9 THE "EMINENT DOMAIN CODE."] 26 PA.C.S (RELATING TO EMINENT
10 DOMAIN).
11 SECTION 5. REPEALS ARE AS FOLLOWS:
12 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
13 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE AMENDMENT OR
14 ADDITION OF 26 PA.C.S. CHS. 1, 2, 3, 5, 7, 9 AND 11 AND 42
15 PA.C.S. §§ 702.1, 5526(4), 5527, 5530(A)(3) AND 6121.
16 (2) THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED:
17 SECTION 2003(E)(2)(I)(B) OF THE ACT OF APRIL 9, 1929
18 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
19 1929.
20 ACT OF JUNE 22, 1964 (SP.SESS., P.L.84, NO.6), KNOWN
21 AS THE EMINENT DOMAIN CODE.
22 ACT OF DECEMBER 29, 1971 (P.L.646, NO.170), ENTITLED
23 "AN ACT TO ALLOW FOR THE PROVISION OF RELOCATION
24 ASSISTANCE AND THE PAYMENT OF RELOCATION BENEFITS UNDER
25 FEDERALLY ASSISTED PROGRAMS TO PERSONS WHO WOULD NOT
26 QUALIFY FOR SUCH PAYMENTS UNDER THE EMINENT DOMAIN CODE
27 OF THE COMMONWEALTH OF PENNSYLVANIA."
28 ACT OF DECEMBER 6, 1972 (P.L.1410, NO.304), KNOWN AS
29 THE HOUSING REPLACEMENT AUTHORIZATION ACT.
30 AS MUCH OF SECTION 302(A) OF THE ACT OF DECEMBER 21,
20050H2054B3821 - 135 -
1 1988 (P.L.1444, NO.177), KNOWN AS THE GENERAL ASSOCIATION
2 ACT OF 1988, AS READS AS FOLLOWS: "A COURT MAY ISSUE A
3 WRIT OF POSSESSION TO THE CONDEMNOR PRIOR TO THE
4 DISPOSITION OF PRELIMINARY OBJECTIONS WHICH CHALLENGE THE
5 VALIDITY OF A CONDEMNATION OF RIGHTS-OF-WAY OR EASEMENTS
6 FOR OCCUPATION BY WATER, ELECTRIC, GAS, OIL AND/OR
7 PETROLEUM PRODUCTS, TELEPHONE OR TELEGRAPH LINES USED
8 DIRECTLY OR INDIRECTLY IN FURNISHING SERVICE TO THE
9 PUBLIC, AND IF IT SHALL BE DETERMINED FINALLY THAT THE
10 CONDEMNATION IS INVALID IN WHOLE OR IN PART, THE AFFECTED
11 OWNERS MAY RECOVER DAMAGES FOR ANY INJURIES SUSTAINED
12 THEREBY AND SHALL BE ENTITLED TO SUCH EQUITABLE RELIEF AS
13 MAY BE APPROPRIATE IN THE CIRCUMSTANCES."
14 (3) EXCEPT AS TO THE MEASURE OF DAMAGES PRESCRIBED BY 26
15 PA.C.S. CH. 7, NOTHING IN THIS ACT SHALL REPEAL, MODIFY OR
16 SUPPLANT ARTICLES XXVII, XXVIII AND XXIX OF THE ACT OF JULY
17 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND CLASS COUNTY
18 CODE, AS THEY ARE APPLICABLE TO PROCEDURES IN THE COURT OF
19 COMMON PLEAS WITH RESPECT TO BRIDGES, VIADUCTS, CULVERTS AND
20 ROADS.
21 (4) THE FOLLOWING PROVISIONS ARE SAVED FROM REPEAL:
22 SECTION 2003(E)(7) OF THE ACT OF APRIL 9, 1929
23 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
24 1929.
25 15 PA.C.S. § 1511(G)(2).
26 (5) ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS
27 THEY ARE INCONSISTENT WITH THIS ACT.
28 SECTION 6. APPLICABILITY SHALL BE AS FOLLOWS:
29 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THIS ACT SHALL
30 APPLY TO ALL CONDEMNATIONS EFFECTED ON OR AFTER THE EFFECTIVE
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1 DATE OF THIS SECTION.
2 (2) THE ADDITION OF 26 PA.C.S. § 713(A) SHALL APPLY TO
3 ALL PERIODS OF TIME AFTER THE EFFECTIVE DATE OF THIS SECTION
4 WITH RESPECT TO CONDEMNATIONS EFFECTED PRIOR TO THE EFFECTIVE
5 DATE OF THIS SECTION.
6 (3) THE AMENDMENT OF 42 PA.C.S. §§ 5526(4), 5527 AND
7 5530(A)(3) SHALL APPLY ONLY TO CAUSES OF ACTION WHICH ACCRUE
8 AFTER THE EFFECTIVE DATE OF THIS SECTION.
9 SECTION 7. THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
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