HOUSE AMENDED
PRIOR PRINTER'S NO. 477 PRINTER'S NO. 2497
No. 440 Session of 1987
INTRODUCED BY BRIGHTBILL, MADIGAN, ROMANELLI, STOUT AND O'PAKE,
FEBRUARY 27, 1987
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 15, 1988
AN ACT
1 Amending Titles 26 (Eminent Domain), 42 (Judiciary and Judicial
2 Procedure) and 51 (Military Affairs) of the Pennsylvania
3 Consolidated Statutes, adding provisions relating to eminent
4 domain; and making repeals.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 26 of the Pennsylvania Consolidated
8 Statutes is amended by adding chapters to read:
9 TITLE 26
10 EMINENT DOMAIN
11 Chapter
12 1. General Provisions
13 3. Procedure to Condemn
14 5. Procedure for Determining Damages
15 7. Just Compensation and Measure of Damages
16 9. Special Damages for Displacement
17 11. Evidence
1 CHAPTER 1
2 GENERAL PROVISIONS
3 Sec.
4 101. Short title of title.
5 102. Application of title.
6 103. Definitions.
7 § 101. Short title of title.
8 This title shall be known and may be cited as the Eminent
9 Domain Code.
10 § 102. Application of title.
11 This title provides a complete and exclusive procedure and
12 law to govern all condemnations of property for public purposes
13 and the assessment of damages. Nothing in this title shall
14 affect the jurisdiction or power of the Public Utility
15 Commission or any statute providing for the assessment of
16 benefits for public improvements on the properties benefited.
17 Nothing in this title shall enlarge or diminish the power of
18 condemnation given by law to any condemnor.
19 § 103. Definitions.
20 Subject to additional definitions contained in subsequent
21 provisions of this title which are applicable to specific
22 provisions of this title, the following words and phrases when
23 used in this title shall have the meanings given to them in this
24 section unless the context clearly indicates otherwise:
25 "Acquiring agency." Any entity, including the Commonwealth,
26 vested with the power of eminent domain by the laws of this
27 Commonwealth.
28 "Acquisition cost." General damages or, in the event of
29 amicable acquisition, the price paid by the acquiring agency.
30 "Business." Any lawful activity, except a farm operation,
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1 conducted:
2 (1) primarily for the purchase, sale, lease or rental of
3 personal or real property or for the manufacture, processing
4 or marketing of products, commodities or any other personal
5 property;
6 (2) primarily for the sale of services to the public;
7 (3) by a nonprofit organization; or
8 (4) solely for the purpose of qualification for damages
9 under section 901(a) and (b)(1) and (5) (relating to moving
10 and related expenses of displaced persons) for assisting in
11 the purchase, sale, resale, manufacture, processing or
12 marketing of products, commodities, personal property or
13 services by the erection and maintenance of an outdoor
14 advertising display whether or not the display is located on
15 the premises on which any of the above activities are
16 conducted.
17 "Condemn." To take, injure or destroy property by authority
18 of law for a public purpose.
19 "Condemnee." The owner of a property interest taken, injured
20 or destroyed. The term does not include a mortgagee, judgment
21 creditor or other lienholder.
22 "Condemnor." The acquiring agency, including the
23 Commonwealth, that takes, injures or destroys property by
24 authority of law for a public purpose.
25 "Court." The court of common pleas.
26 "Displaced person." Any condemnee or other person not
27 illegally in occupancy of real property on or before the date of
28 acquisition who moves from the real property, moves his personal
29 property from the real property or moves or discontinues a
30 business or farm operation for one of the following reasons:
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1 (1) The acquisition of the real property, in whole or in
2 part, for a program or project.
3 (2) Written notice from the acquiring agency of intent
4 to acquire or order to vacate the real property.
5 (3) Solely for the purpose of section 901(a) and (b)(1)
6 and (5) (relating to moving and related expenses of displaced
7 persons), the acquisition or written notice of intent to
8 acquire or order to vacate the real property on which the
9 person conducts a business or farm operation.
10 A displaced person shall include a person who was in occupancy
11 of the real property on the date of acquisition notwithstanding
12 the termination or expiration of a lease entered into before or
13 after the acquisition or written notice from the acquiring
14 agency of intent to acquire or order to vacate the real
15 property.
16 "Farm operation." Any activity conducted solely or primarily
17 for the production of one or more agricultural products or
18 commodities, including timber, for sale or home use and
19 customarily producing these products or commodities in
20 sufficient quantity to be capable of contributing materially to
21 the operator's support.
22 "Natural disaster." A disaster officially declared as a
23 natural disaster by the Governor.
24 "Personal property." Any tangible property not considered to
25 be real property for purposes of general damages under the laws
26 of this Commonwealth.
27 "Program or project." Any program or project undertaken by
28 or for an acquiring agency as to which it has the authority to
29 exercise the power of eminent domain.
30 CHAPTER 3
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1 PROCEDURE TO CONDEMN
2 Sec.
3 301. Venue.
4 302. Declaration of taking.
5 303. Security required.
6 304. Recording notice of condemnation.
7 305. Notice to condemnee.
8 306. Preliminary objections.
9 307. Possession, right of entry and payment of compensation.
10 308. Revocation of condemnation proceedings.
11 309. Right to enter property prior to condemnation.
12 310. Abandonment of project.
13 § 301. Venue.
14 All condemnation proceedings shall be brought in the court of
15 the county in which the property is located or, if the property
16 is located in two or more counties, in the court of any one of
17 the counties. Where the property is located in two or more
18 counties and a proceeding is commenced in the court of one of
19 the counties, all subsequent proceedings regarding the same
20 property shall be brought in the same county.
21 § 302. Declaration of taking.
22 (a) Condemnation and passage of title.--Condemnation under
23 the power of condemnation given by law to a condemnor shall be
24 effected only by the filing in court of a declaration of taking
25 with the security required under section 303(a) (relating to
26 security required). The title which the condemnor acquires in
27 the property condemned shall pass to the condemnor on the date
28 of the filing and the condemnor shall be entitled to possession
29 under section 307 (relating to possession, right of entry and
30 payment of compensation).
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1 (b) Contents.--The declaration of taking shall be in writing
2 and executed by the condemnor and shall be captioned as a
3 proceeding in rem and contain the following:
4 (1) The name and address of the condemnor.
5 (2) A specific reference to the statute and section
6 under which the condemnation is authorized.
7 (3) A specific reference to the action, whether by
8 ordinance, resolution or otherwise, by which the declaration
9 of taking was authorized, including the date when the action
10 was taken and the place where the record may be examined.
11 (4) A brief description of the purpose of the
12 condemnation.
13 (5) A description of the property condemned sufficient
14 for identification, specifying the municipal corporation and
15 the county or counties where the property taken is located, a
16 reference to the place of recording in the office of the
17 recorder of deeds of plans showing the property condemned or
18 a statement that plans showing the property condemned are on
19 the same day being lodged for record or filed in the office
20 of the recorder of deeds in the county in accordance with
21 section 304 (relating to recording notice of condemnation).
22 (6) A statement of the nature of the title acquired, if
23 any.
24 (7) A statement specifying where a plan showing the
25 condemned property may be inspected in the county in which
26 the property taken is located.
27 (8) A statement of how just compensation has been made
28 or secured.
29 (c) More than one property included in declaration.--The
30 condemnor may include in one declaration of taking any or all of
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1 the properties specified in the action by which the declaration
2 of taking was authorized.
3 (d) Fee.--The prothonotary shall charge one fee for filing
4 each declaration of taking, which shall be the same regardless
5 of the number of properties or condemnees included.
6 (e) Filing.--The condemnor shall file within one year of the
7 action authorizing the declaration of taking a declaration of
8 taking covering all properties included in the authorization not
9 otherwise acquired by the condemnor within this time.
10 § 303. Security required.
11 (a) Bond.--Except as provided in subsection (b), every
12 condemnor shall give security to effect the condemnation by
13 filing with the declaration of taking its bond, without surety,
14 to the Commonwealth for the use of the owner of the property
15 interests condemned, the condition of which shall be that the
16 condemnor shall pay the damages determined by law.
17 (b) Pledge of tax revenues.--Where a condemnor has the power
18 of taxation, it shall not be required to file a bond with the
19 declaration of taking. The funds raised, or authorized by law to
20 be raised, by the power of taxation of the condemnor shall be
21 deemed pledged and are made security for the payment of the
22 damages determined by law.
23 (c) Insufficient security.--The court, upon preliminary
24 objections of the condemnee under and within the time set forth
25 in section 306(a) (relating to preliminary objections), may
26 require the condemnor to give bond and security as the court
27 deems proper if it appears to the court that the bond or power
28 of taxation of the condemnor is not sufficient security.
29 § 304. Recording notice of condemnation.
30 (a) County of recording.--The condemnor, upon filing its
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1 declaration of taking, shall on the same day lodge for record a
2 notice of the declaration in the office of the recorder of deeds
3 of the county in which the property is located. If the property
4 is located in two or more counties, the notice shall be recorded
5 in each county.
6 (b) Notice and recording requirements.--The notice shall
7 specify the court term and number of the declaration of taking
8 and the date it was filed and shall contain a description or
9 plan of the property condemned sufficient for identification and
10 the names of the owners of the property interests condemned, as
11 reasonably known to the condemnor, and shall be indexed in the
12 deed indices showing the condemnee set forth in the notice as
13 grantor and the condemnor as grantee. If plans are to be
14 recorded as part of the notice they shall be submitted on
15 standard legal size paper. If plans are to be filed as part of
16 the notice, they shall be in legible scale and filed in a
17 condemnation book or file or microfilmed, with a notation as to
18 the condemnation book and page number, file number or microfilm
19 number to be made by the recorder on the margin of the notice.
20 Upon the notice being assigned a book and page number by the
21 recorder of deeds the condemnor shall file with the prothonotary
22 under the caption of the declaration of taking a memorandum of
23 the book and page number in which the notice is recorded.
24 (c) Fees.--The recorder shall receive as a fee for recording
25 each notice the sum of $5 plus $1 for each page recorded after
26 the first and for filing plans $2.50 for each page or sheet of
27 plan filed and 25¢ for each name indexed.
28 § 305. Notice to condemnee.
29 (a) Written notice.--Within 30 days after the filing of the
30 declaration of taking, the condemnor shall give written notice
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1 of the filing to the condemnee AND MORTGAGEES AND OTHER <--
2 LIENHOLDERS OF RECORD.
3 (b) Service.--The notice shall be served within or without
4 this Commonwealth, by any competent adult, in the same manner as
5 in a civil action or by registered mail to the last known
6 address of the condemnee AND MORTGAGEES AND OTHER LIENHOLDERS OF <--
7 RECORD. If service cannot be made in this manner, then service
8 shall be made by posting a copy of the notice upon the most
9 public part of the property and by publication of a copy of the
10 notice, omitting the plot plan required by subsection (c)(8),
11 one time each in one newspaper of general circulation and the
12 legal journal, if any, published in the county.
13 (c) Contents.--The notice to be given the condemnee shall
14 state:
15 (1) The caption of the case.
16 (2) The date of filing of the declaration of taking and
17 the court term and number.
18 (3) The name of the condemnee to whom it is directed.
19 (4) The name and address of the condemnor.
20 (5) A specific reference to the statute and section
21 under which the condemnation action is authorized.
22 (6) A specific reference to the action, whether by
23 ordinance, resolution or otherwise, by which the declaration
24 of taking was authorized, including the date when the action
25 was taken and the place where the record may be examined.
26 (7) A brief description of the purpose of the
27 condemnation.
28 (8) A statement that the condemnee's property has been
29 condemned and a reasonable identification of the property in
30 the case of a total taking and, in the case of a partial
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1 taking, a plot plan showing the condemnee's entire property
2 and the area taken.
3 (9) A statement of the nature of the title acquired.
4 (10) A statement specifying where a plan showing the
5 condemned property may be inspected in the county in which
6 the property taken is located.
7 (11) A statement of how just compensation has been made
8 or secured.
9 (12) A statement that, if the condemnee wishes to
10 challenge the power or the right of the condemnor to
11 appropriate the condemned property, the sufficiency of the
12 security, the procedure followed by the condemnor or the
13 declaration of taking, he shall file preliminary objections
14 within 30 days after being served with notice of
15 condemnation.
16 (d) Compliance.--Service of a copy of the declaration of
17 taking, together with the information and notice required by
18 subsection (c)(2), (8) and (12), shall constitute compliance
19 with the notice requirements of this section.
20 (e) Proof of service.--The condemnor shall file proof of
21 service of the notice.
22 § 306. Preliminary objections.
23 (a) Filing and exclusive method of challenging certain
24 matters.--Within 30 days after being served with notice of
25 condemnation, the condemnee may file preliminary objections to
26 the declaration of taking. The court upon cause shown may extend
27 the time for filing preliminary objections. Preliminary
28 objections shall be limited to and shall be the exclusive method
29 of challenging:
30 (1) The power or right of the condemnor to appropriate
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1 the condemned property unless it has been previously
2 adjudicated.
3 (2) The sufficiency of the security.
4 (3) The declaration of taking.
5 (4) Any other procedure followed by the condemnor.
6 (b) Waiver.--Failure to raise by preliminary objections the
7 issues listed in subsection (a) shall constitute a waiver.
8 (c) Grounds to be stated.--Preliminary objections shall
9 state specifically the grounds relied on.
10 (d) When raised.--All preliminary objections shall be raised
11 at one time and in one pleading. They may be inconsistent.
12 (e) Service.--The condemnee shall serve a copy of the
13 preliminary objections on the condemnor within 72 hours after
14 filing them.
15 (f) Disposition.--The court shall determine promptly all
16 preliminary objections and make preliminary and final orders and
17 decrees as justice shall require, including the revesting of
18 title. If an issue of fact is raised, the court shall take
19 evidence by depositions or otherwise. The court may allow
20 amendment or direct the filing of a more specific declaration of
21 taking.
22 (g) Costs, expenses and damages.--If preliminary objections
23 which have the effect of terminating the condemnation are
24 sustained, the condemnee shall be reimbursed by the condemnor
25 for reasonable appraisal, attorney and engineering fees and
26 other costs and expenses actually incurred and for any damages
27 for losses sustained because of the condemnation proceedings.
28 These costs, expenses and damages shall be assessed by the court
29 unless either party within 30 days after the entry of the order
30 sustaining the preliminary objections demands a jury trial to
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1 determine any damages for losses sustained by the condemnee.
2 § 307. Possession, right of entry and payment of compensation.
3 (a) Possession or right of entry of condemnor.--The
4 condemnor, after the expiration of the time for filing
5 preliminary objections by the condemnee to the declaration of
6 taking, shall be entitled to possession or right of entry upon
7 payment of, or a written offer to pay to the condemnee, the
8 amount of just compensation as estimated by the condemnor.
9 However, the condemnor shall be entitled to possession or right
10 of entry upon an easement without the payment of or offer to pay
11 the estimated just compensation if the condemnor has the right
12 to assess the property for benefits. If a condemnee or any other
13 person then refuses to deliver possession or permit right of
14 entry, the prothonotary upon praecipe of the condemnor shall
15 issue a rule, returnable in five days after service upon the
16 condemnee or the other person, to show cause why a writ of
17 possession should not issue. The court, unless preliminary
18 objections warranting delay are pending, may issue a writ of
19 possession conditioned except as provided in this subsection
20 upon payment to the condemnee or into court of the estimated
21 just compensation and on any other terms as the court may
22 direct.
23 (b) Tender of possession or right of entry by condemnee.--If
24 within 60 days from the filing of the declaration of taking the
25 condemnor has not paid just compensation as provided in
26 subsection (a), the condemnee may tender possession or right of
27 entry in writing and the condemnor shall then make payment of
28 the just compensation due the condemnee as estimated by the
29 condemnor. If the condemnor fails to make the payment, the
30 court, upon petition of the condemnee, may compel the condemnor
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1 to file a declaration of estimated just compensation or, if the
2 condemnor fails or refuses to file the declaration, may at the
3 cost of the condemnor appoint an impartial expert appraiser to
4 estimate just compensation. The court may, after hearing, enter
5 judgment for the amount of the estimated just compensation.
6 (c) Compensation without prejudice.--The compensation paid
7 under subsections (a) and (b) shall be without prejudice to the
8 rights of either the condemnor or the condemnee to proceed to a
9 final determination of the just compensation, and any payments
10 made shall be considered only as payments pro tanto of the just
11 compensation as finally determined. Following the rendition of
12 the verdict, the court shall mold the verdict to deduct the
13 estimated just compensation previously paid by the condemnor.
14 However, in no event shall the condemnee be compelled to pay
15 back to the condemnor the compensation paid under subsection (a)
16 or (b), even if the amount of just compensation as finally
17 determined is less than the compensation paid.
18 § 308. Revocation of condemnation proceedings.
19 (a) Declaration of relinquishment.--The condemnor, by filing
20 a declaration of relinquishment in court within two years from
21 the filing of the declaration of taking and before having made
22 the payment provided in section 307(a) or (b) (relating to
23 possession, right of entry and payment of compensation) or as to
24 which the condemnee has not tendered possession of the condemned
25 property as provided in section 307, may relinquish all or any
26 part of the property condemned that it has not taken actual
27 possession of for use in the improvement. The title shall then
28 revest in the condemnee as of the date of the filing of the
29 declaration of taking and all mortgages and other liens existing
30 as of that date and not thereafter discharged shall be
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1 reinstated.
2 (b) Notice.--Notice of the relinquishment shall be recorded
3 in the office of the recorder of deeds of the county in which
4 the property taken is located, with the condemnor as the grantor
5 and the condemnee as the grantee, and the notice of the
6 relinquishment shall be served on the condemnee AND MORTGAGEES <--
7 AND OTHER LIENHOLDERS OF RECORD in the same manner as provided
8 for service of the declaration of taking.
9 (c) Fees.--The fees payable to the recorder for recording
10 the notice of relinquishment shall be in the same amounts as
11 provided in section 304(c) (relating to recording notice of
12 condemnation).
13 (d) Costs, expenses and damages.--Where condemned property
14 is relinquished, the condemnee shall be reimbursed by the
15 condemnor for reasonable costs, expenses and damages as provided
16 in section 306(g) (relating to preliminary objections).
17 (e) Agreement.--The condemnor and the condemnee, without the
18 filing of a declaration of relinquishment, may by agreement
19 effect a revesting of title in the condemnee which agreement
20 shall be properly recorded.
21 § 309. Right to enter property prior to condemnation.
22 Prior to the filing of the declaration of taking, the
23 condemnor or its employees or agents shall have the right to
24 enter upon any land or improvement which it has the power to
25 condemn in order to make studies, surveys, tests, soundings and
26 appraisals. However, the owner of the land or the party in whose
27 name the property is assessed shall be notified ten days prior
28 to entry on the property. Any actual damages sustained by the
29 owner of a property interest in the property entered upon by the
30 condemnor shall be paid by the condemnor and shall be assessed
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1 by the court or viewers in the same manner as provided in
2 section 306(g) (relating to preliminary objections). The
3 exercise of this right of entry by the condemnor shall neither
4 constitute a condemnation nor be interpreted as a notice of an
5 intent to acquire the real property.
6 § 310. Abandonment of project.
7 (a) Disposition of property.--If a condemnor has condemned a
8 fee and then abandons the purpose for which the property has
9 been condemned, the condemnor may dispose of it by sale or
10 otherwise. If the property has not been substantially improved,
11 it may not be disposed of within three years after condemnation
12 without first being offered to the condemnee at the same price
13 paid to the condemnee by the condemnor. If the property is not
14 located within the corporate boundaries of a county of the first
15 or second class and has not been substantially improved and was
16 devoted to agricultural use at the time of the condemnation, it
17 may not be disposed of within 12 years after condemnation
18 without first being offered to the condemnee at the same price
19 paid to the condemnee by the condemnor.
20 (b) Notice.--The condemnee shall be served with notice of
21 the offer in the same manner as prescribed for the service of
22 notices in section 305(b) (relating to notice to condemnee) and
23 shall have 90 days after receipt of notice to make written
24 acceptance.
25 (c) Certain conditional offers prohibited.--The condemnor
26 may not condition any offer required to be made to a condemnee
27 under subsection (a) on the payment by the condemnee of
28 additional fees, real estate taxes or payments in lieu of taxes
29 or other costs.
30 (d) Definitions.--As used in this section the following
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1 words and phrases shall have the meanings given to them in this
2 subsection:
3 "Agricultural commodity." Any plant and animal products
4 including Christmas trees produced in this Commonwealth for
5 commercial purposes.
6 "Agricultural use." Use of the land for the purpose of
7 producing an agricultural commodity or when devoted to and
8 meeting the requirements and qualifications for payments or
9 other compensation pursuant to a soil conservation program under
10 an agreement with an agency of the Federal Government. Land
11 containing a farmhouse or other buildings related to farming
12 shall be deemed to be in agricultural use.
13 CHAPTER 5
14 PROCEDURE FOR DETERMINING DAMAGES
15 Sec.
16 501. Agreement as to damages.
17 502. Petition for appointment of viewers.
18 503. View.
19 504. Appointment of viewers.
20 505. Service of notice of view and hearing.
21 506. Additional condemnees, mortgagees and intervention.
22 507. Joint claims.
23 508. Appointment of trustee or guardian ad litem.
24 509. Furnishing of plans to viewers.
25 510. Powers of viewers.
26 511. Administrative matters for viewers' hearings.
27 512. Report of viewers.
28 513. Disagreement.
29 514. Filing of report of viewers.
30 515. Reports.
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1 516. Right of appeal.
2 517. Appeals.
3 518. Disposition of appeal.
4 519. Allocation of damages.
5 520. Waiver of viewers' proceedings and termination by
6 stipulation.
7 521. Liens and distribution of damages.
8 522. Payment into court and distribution.
9 § 501. Agreement as to damages.
10 At any stage of the proceedings, the condemnor and the
11 condemnee may agree upon all or any part or item of the damages
12 and proceed to have those parts or items not agreed upon
13 assessed as provided in this chapter. The condemnor may make
14 payment of any part or item agreed upon.
15 § 502. Petition for appointment of viewers.
16 (a) Contents of petition.--A condemnor, condemnee or
17 displaced person may file a petition requesting the appointment
18 of viewers, setting forth:
19 (1) A caption designating the condemnee or displaced
20 person as the plaintiff and the condemnor as the defendant.
21 (2) The date of the filing of the declaration of taking
22 and whether any preliminary objections have been filed and
23 remain undisposed of.
24 (3) In the case of a petition of a condemnee or
25 displaced person, the name of the condemnor.
26 (4) The names and addresses of all condemnees, displaced
27 persons and mortgagees known to the petitioner to have an
28 interest in the property acquired and the nature of their
29 interest.
30 (5) A brief description of the property acquired.
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1 (6) A request for the appointment of viewers to
2 ascertain just compensation.
3 (b) Property included in condemnor's petition.--The
4 condemnor may include in its petition any or all of the property
5 included in the declaration of taking.
6 (c) Condemnation where no declaration of taking has been
7 filed.--An owner of a property interest who asserts that his
8 property interest has been condemned without the filing of a
9 declaration of taking may file a petition for the appointment of
10 viewers substantially in the form provided for in subsection (a)
11 setting forth the factual basis of the petition. The court shall
12 determine whether a condemnation has occurred, and if the court
13 determines that a condemnation has occurred, the court shall
14 determine the condemnation date and the extent and nature of any
15 property interest condemned. The court shall enter an order
16 specifying any property interest which has been condemned and
17 the date of the condemnation. A copy of the order and any
18 modification shall be filed by the condemnor in the office of
19 the recorder of deeds of the county in which the property is
20 located and shall be indexed in the deed indices showing the
21 condemnee as grantor and the condemnor as grantee.
22 (d) Separate proceedings.--The court, in furtherance of
23 convenience or to avoid prejudice, may, on its own motion or on
24 motion of any party, order separate viewers' proceedings or
25 trial when more than one property has been included in the
26 petition.
27 § 503. View.
28 In every proceeding at least one of the viewers appointed
29 shall be an attorney at law who shall be chairman of the board
30 and who shall attend the view. At least two of the three
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1 viewers appointed shall view the property in question.
2 § 504. Appointment of viewers.
3 (a) General rule.--Upon the filing of a petition for the
4 appointment of viewers, the court, unless preliminary objections
5 to the validity of the condemnation or jurisdiction, warranting
6 delay, are pending, shall promptly appoint three viewers, who
7 shall view the premises, hold hearings and file a report. In
8 counties of the first class, the court may appoint an alternate
9 viewer in addition to the three viewers specifically appointed.
10 The prothonotary shall promptly notify the viewers of their
11 appointment unless a local rule provides another method of
12 notification. No viewer shall represent a client or testify as
13 an expert witness before the board.
14 (b) Service of petition for the appointment of viewers and
15 order appointing viewers.--The petitioners shall promptly send
16 to all other parties by registered mail, return receipt
17 requested, a certified true copy of the petition for the
18 appointment of viewers and a copy of the court order appointing
19 the viewers if an order has been entered. A COPY OF THE PETITION <--
20 AND ORDER, IF ENTERED, SHALL ALSO BE MAILED TO ALL MORTGAGEES
21 AND OTHER LIENHOLDERS OF RECORD.
22 (c) Notice of views and hearings.--The viewers shall give
23 notice of the time and place of all views and hearings. This
24 notice shall be given to all parties by not less than 30 days
25 written notice by registered mail, return receipt requested.
26 (d) Preliminary objections.--Any objection to the
27 appointment of viewers may be raised by preliminary objections
28 filed within 30 days after receipt of notice of the appointment
29 of viewers. Objections to the form of the petition or the
30 appointment or the qualifications of the viewers in any
19870S0440B2497 - 19 -
1 proceeding or to the legal sufficiency or factual basis of a
2 petition filed under section 502(c) (relating to petition for
3 appointment of viewers) are waived unless included in
4 preliminary objections. An answer with or without new matter may
5 be filed within 20 days of service of preliminary objections,
6 and a reply to new matter may be filed within 20 days of service
7 of the answer. The court shall determine promptly all
8 preliminary objections and make any orders and decrees as
9 justice requires. If an issue of fact is raised, the court shall
10 conduct an evidentiary hearing or order that evidence be taken
11 by deposition or otherwise, but in no event shall evidence be
12 taken by the viewers on this issue.
13 § 505. Service of notice of view and hearing.
14 Notice of the view and hearing shall be served, within or
15 without this Commonwealth, by any competent adult in the same
16 manner as a civil action or by registered mail, return receipt
17 requested, to the last known address of the condemnee and
18 condemnor. If service cannot be made in the manner provided,
19 then service shall be made by posting a copy of the notice upon
20 a public part of the property and by publication, at the cost of
21 the condemnor, once in a newspaper of general circulation and
22 once in the legal publication, if any, designated by rule or
23 order of court for publication of legal notices, published in
24 the county. Proof of service and the manner of service shall be
25 attached to the viewers' report.
26 § 506. Additional condemnees, mortgagees and intervention.
27 (a) Identification.--The condemnee, at or before the hearing
28 at which his claim is presented, shall furnish the viewers and
29 the condemnor with the names and addresses of all other
30 condemnees known to the condemnee to have an interest in his
19870S0440B2497 - 20 -
1 property and the nature of their interests and the names and
2 addresses of all mortgagees AND OTHER LIENHOLDERS OF RECORD <--
3 known to the condemnee.
4 (b) Notice.--The viewers shall notify by written notice all
5 persons who are so disclosed as having an interest in the
6 property and all mortgagees AND OTHER LIENHOLDERS OF RECORD of <--
7 the pendency of the proceedings and of subsequent hearings. If
8 the additional condemnees and mortgagees AND OTHER LIENHOLDERS <--
9 OF RECORD have not received 20 days notice of the hearing, the
10 viewers shall, upon request, adjourn the hearing to allow
11 notice.
12 (c) Intervention.--The court may permit a mortgagee,
13 judgment creditor or other lienholder to intervene in the
14 proceedings where his interest is not adequately protected, but
15 he shall not be a party to the proceedings unless he has
16 intervened.
17 § 507. Joint claims.
18 (a) Required.--The claims of all the owners of the condemned
19 property, including joint tenants, tenants in common, life
20 tenants, remaindermen, owners of easements or ground rents and
21 all others having an interest in the property and the claims of
22 all tenants, if any, of the property, shall be heard or tried
23 together.
24 (b) Apportionment of damages.--The award of the viewers or
25 the verdict on appeal from the viewers shall, first, fix the
26 total amount of damages for the property and, second, apportion
27 the total amount of damages between or among the several
28 claimants entitled to damages.
29 (c) Separate hearings.--Claims for special damages under
30 section 901 (relating to moving and related expenses of
19870S0440B2497 - 21 -
1 displaced persons) may be heard or tried separately.
2 § 508. Appointment of trustee or guardian ad litem.
3 The court on its own motion may, or on petition of any party
4 in interest shall, appoint a trustee ad litem or guardian ad
5 litem, as may be appropriate, in accordance with general rules.
6 § 509. Furnishing of plans to viewers.
7 The condemnor shall furnish the viewers at or before the view
8 with a plan showing the entire property involved, the
9 improvements, the extent and nature of the condemnation and any
10 other physical data, including grades, as may be necessary for
11 the proper determination of just compensation. If, in the
12 opinion of the viewers, the plans are insufficient, they may
13 require the submission of supplemental plans. Copies of the
14 plans shall be furnished at the same time, without cost, to the
15 condemnee upon written request. If the condemnor does not
16 furnish a plan or the condemnor's plans are insufficient, the
17 court, on application of the condemnee, may charge to the
18 condemnor, as costs, reasonable expenses for plans furnished by
19 the condemnee.
20 § 510. Powers of viewers.
21 The viewers shall have power to adjourn the proceedings from
22 time to time. Upon request of the viewers or a party, the court
23 which appointed the viewers shall issue a subpoena to testify or
24 to produce books and documents. All the viewers shall act,
25 unless prevented by sickness or other unavoidable cause, but a
26 majority of the viewers may hear, determine, act upon and report
27 all matters relating to the view for which they were appointed.
28 The provisions of this section shall not be affected by the
29 appointment of an alternate viewer as provided for in section
30 504 (relating to appointment of viewers).
19870S0440B2497 - 22 -
1 § 511. Administrative matters for viewers' hearings.
2 (a) Facilities.--All viewers' hearings shall be held
3 publicly in a suitable place within the county designated by the
4 court.
5 (b) Stenographic notes.--Whenever in the opinion of the
6 viewers it is desirable, accurate stenographic notes of hearings
7 shall be taken, and copies of the notes shall be furnished to
8 the parties interested when desired upon payment of a sum fixed
9 by the rules and regulations of the respective court.
10 § 512. Report of viewers.
11 The viewers shall file a report which shall include in brief
12 and concise paragraph form:
13 (1) The date of their appointment as viewers.
14 (2) A reference to the notices of the time and place of
15 view and hearing with proof of service of notices, which
16 shall be attached to the report.
17 (3) A copy of the plan showing the extent of the taking
18 or injury upon which the viewers' award is predicated and a
19 statement of the nature of the interest condemned.
20 (4) The date of the filing of the declaration of taking.
21 (5) A schedule of damages awarded and benefits assessed,
22 to and by whom payable, and for which property, separately
23 stated as follows: general damages, moving and removal
24 expenses, business dislocation damages and other items of
25 special damages authorized by this title and the date from
26 which damages for delay shall be calculated.
27 (6) In the case of a partial taking, a statement as to
28 the amount of the general damages attributable as severance
29 damages to the part of the property not taken, if the
30 apportionment has been requested in writing by the condemnee.
19870S0440B2497 - 23 -
1 (7) Where there are several interests in the condemned
2 property, a statement of the total amount of damages and the
3 distribution between or among the several claimants.
4 (8) Whether there are other claimants to any interest or
5 estate in the property condemned and the viewers'
6 determination of the extent, if any, of each interest in the
7 property and in the award.
8 (9) Their rulings on any written requests for findings
9 of fact and conclusions of law submitted to them.
10 (10) Other matters they deem relevant.
11 § 513. Disagreement.
12 If a majority of the viewers do not agree on a decision,
13 three new viewers shall be appointed by the court upon
14 application of any interested party.
15 § 514. Filing of report of viewers.
16 The viewers shall file their report within 30 days of their
17 final hearing or within 30 days from the filing of the
18 transcription of the stenographic notes of testimony. The
19 transcription shall be filed within 30 days of the final
20 hearing. Ten days before the filing of their report, the viewers
21 shall mail a copy of the report to all parties or their
22 attorneys of record, with notice of the date of the intended
23 filing and that the report shall become final unless an appeal
24 is filed within 30 days from the date the report is filed. Prior
25 to the filing of their report they may correct any errors in the
26 report and give notice to the persons affected. A COPY OF THE <--
27 REPORT, WHEN FILED, SHALL ALSO BE MAILED TO ALL MORTGAGEES AND
28 OTHER LIENHOLDERS OF RECORD.
29 § 515. Reports.
30 The viewers may include in one report one or more properties
19870S0440B2497 - 24 -
1 or claims under section 901 (relating to moving and related
2 expenses of displaced persons) referred to them under the same
3 or separate petitions if the properties are included in the same
4 declaration of taking. The viewers may file a separate report
5 for expenses and damages under section 901. Each report shall be
6 final as to the property or properties included and subject to
7 separate appeal.
8 § 516. Right of appeal.
9 (a) General rule.--Any party aggrieved by the decision of
10 the viewers may appeal to the court. The appeal shall raise all
11 objections of law or fact to the viewers' report. The appeal
12 shall be signed by the appellant or his attorney or his agent,
13 and no verification shall be required. Any award of damages or
14 assessment of benefits, as the case may be, as to which no
15 appeal is taken shall become final as of course and shall
16 constitute a final judgment.
17 (b) Consolidation.--The court, on its own motion or on
18 application of any party in interest, may consolidate separate
19 appeals involving only common questions of law as one
20 proceeding.
21 (c) Cross appeals.--If a timely appeal is filed by a party,
22 any other party may file an appeal within 15 days of the date on
23 which the first appeal was filed. An appeal may be taken from
24 less than all of an award.
25 (d) Withdrawal.--No appeal may be withdrawn without the <--
26 consent of all parties.
27 § 517. Appeals.
28 (a) Contents.--The appeal shall set forth:
29 (1) The name of appellant and appellee.
30 (2) A brief description or identification of the
19870S0440B2497 - 25 -
1 property involved and the condemnee's interest.
2 (3) A reference to the proceedings appealed from and the
3 date of the filing of the viewers' report.
4 (4) Objections, if any, to the viewers' report, other
5 than to the amount of the award.
6 (5) A demand for jury trial, if desired. If the
7 appellant desires a jury trial, he shall at the time of
8 filing the appeal endorse the appeal or file separately a
9 written demand for jury trial, signed by him or counsel. If
10 no demand for jury trial is made by the appellant, any other
11 party may file a written demand for jury trial within 15 days
12 after being served with a copy of the appeal. If no party
13 makes a demand for a jury trial as provided in this section,
14 the right to jury trial shall be deemed to have been waived,
15 and the court shall try the case without a jury.
16 (b) Service.--The appellant shall serve a copy of the appeal
17 on all other parties within five days after filing the appeal.
18 Proof of service of a copy of the appeal shall be filed by the
19 appellant.
20 (c) Other pleadings not required.--No other pleadings shall
21 be required and the cause shall be deemed at issue.
22 § 518. Disposition of appeal.
23 All objections, other than to the amount of the award, raised
24 by the appeal shall be determined by the court preliminarily.
25 The court may confirm, modify or change the report or refer it
26 back to the same or other viewers. A decree confirming,
27 modifying or changing the report constitutes a final order. The
28 amount of damages shall be determined by the court unless a jury
29 trial has been demanded. At the trial of the case, the condemnee
30 shall be the plaintiff and the condemnor shall be the defendant.
19870S0440B2497 - 26 -
1 § 519. Allocation of damages.
2 (a) Severance damages.--Upon appeal from an award of
3 viewers, the court, upon the request of the plaintiff, shall,
4 after the jury or the court, if the trial is without jury, has
5 returned its general verdict, make a specific finding and
6 allocation of the amount of the general verdict attributable to
7 severance damages to the part of the property not taken.
8 (b) Other damages.--The jury, or the court in a trial
9 without a jury, shall make specific findings as to the portion
10 of the verdict allocated to general damages, moving and removal
11 expenses, business dislocation damages and other items of
12 special damages authorized by this title, except reasonable
13 appraisal, attorney and engineering fees recoverable under
14 sections 306 (relating to preliminary objections), 308 (relating
15 to revocation of condemnation proceedings), 709 (relating to
16 condemnee's costs where no declaration of taking filed) and 710
17 (relating to limited reimbursement of appraisal, attorney and
18 engineering fees), which shall be determined by the court in an
19 appropriate case.
20 § 520. Waiver of viewers' proceedings and termination by
21 stipulation.
22 (a) Waiver of viewers' proceedings.--The condemnor and
23 condemnee may, by written agreement filed with and approved by
24 the court, waive proceedings before viewers and proceed directly
25 to the court on agreed issues of law or fact. The proceedings
26 shall then be the same as on appeal from a report of viewers.
27 (b) Termination by stipulation.--At any time after filing of
28 a petition for the appointment of viewers, the parties may by
29 stipulation filed with the prothonotary terminate the viewers'
30 proceedings as to all or part of the properties involved and
19870S0440B2497 - 27 -
1 stipulate that judgment may be entered for the amount of damages
2 agreed on for each property interest covered by the stipulation.
3 A copy of the stipulation shall be filed with the viewers.
4 § 521. Liens and distribution of damages.
5 (a) Liens.--Damages payable to a condemnee under sections
6 701 (relating to just compensation) through 707 (relating to
7 removal of machinery, equipment or fixtures), 713 (relating to
8 delay compensation), 714 (relating to consequential damages),
9 715 (relating to damages for vacation of roads) and 901(b)(1)
10 and (2) (relating to moving and related expenses of displaced
11 persons) shall be subject to a lien for all taxes and municipal
12 claims assessed against the property and to all mortgages,
13 judgments and other liens of record against the property for
14 which the particular damages are payable, existing at the date
15 of the filing of the declaration of taking. The liens shall be
16 paid out of the damages in order of priority before any payment
17 to the condemnee, unless released. In the case of a partial
18 taking or of damages under sections 714 and 715, the lienholder
19 shall be entitled only to an equitable pro rata share of the
20 damages lienable under this section.
21 (b) Distribution of damages.--It is the obligation of the
22 condemnor to distribute the damages properly. If the condemnor
23 is unable to determine proper distribution of the damages, it
24 may, without payment into court, petition the court to
25 distribute the damages and shall furnish the court with a
26 schedule of proposed distribution. Notice of the filing of the
27 petition and schedule of proposed distribution shall be given to
28 all condemnees, mortgagees, judgment creditors and other
29 lienholders, as shown in the proposed schedule, in any manner as
30 the court may by general rule or special order direct. The court
19870S0440B2497 - 28 -
1 may hear the matter or may appoint a master to hear and report
2 or may order any issue tried by the court and jury as may appear
3 proper under all the circumstances. The court shall then enter
4 an order of distribution of the fund.
5 § 522. Payment into court and distribution.
6 (a) Payment into court.--Upon refusal to accept payment of
7 the damages or of the estimated just compensation under section
8 307 (relating to possession, right of entry and payment of
9 compensation) or if the party entitled thereto cannot be found
10 or if for any other reason the amount cannot be paid to the
11 party entitled thereto, the court upon petition of the
12 condemnor, which shall include a schedule of proposed
13 distribution, may direct payment and costs into court or as the
14 court may direct in full satisfaction. The condemnor shall give
15 20 days notice of the presentation of the petition, including a
16 copy of the schedule of the proposed distribution, to all
17 parties in interest known to the condemnor in any manner as the
18 court may direct by general rule or special order. If the court
19 is satisfied in a particular case that the condemnor failed to
20 use reasonable diligence in giving notice, the court may, upon
21 petition of any party in interest adversely affected by the
22 failure to give notice, order that compensation for delay in
23 payment be awarded to the party for the period after deposit in
24 court by the condemnor under this section until the time the
25 party in interest has received a distribution of funds under
26 this section.
27 (b) Distribution.--The court upon petition of any party in
28 interest shall distribute the funds paid under subsection (a) or
29 any funds deposited in court under section 307 to the persons
30 entitled thereto in accordance with the procedure in section 521
19870S0440B2497 - 29 -
1 (relating to liens and distribution of damages), but if no
2 petition is presented within a period of five years of the date
3 of payment into court, the court shall order the fund or any
4 balance remaining to be paid to the Commonwealth without
5 escheat. No fee shall be charged against these funds.
6 CHAPTER 7
7 JUST COMPENSATION AND MEASURE OF DAMAGES
8 Sec.
9 701. Just compensation.
10 702. Measure of damages.
11 703. Fair market value.
12 704. Effect of imminence of condemnation.
13 705. Contiguous tracts and unity of use.
14 706. Effect of condemnation use on after value.
15 707. Removal of machinery, equipment or fixtures.
16 708. Expenses incidental to transfer of title.
17 709. Condemnee's costs where no declaration of taking filed.
18 710. Limited reimbursement of appraisal, attorney and
19 engineering fees.
20 711. Payment on account of increased mortgage costs.
21 712. Loss of rentals because of imminence of condemnation.
22 713. Delay compensation.
23 714. Consequential damages.
24 715. Damages for vacation of roads.
25 716. Attempted avoidance of monetary just compensation.
26 § 701. Just compensation.
27 The condemnee shall be entitled to just compensation for the
28 taking, injury or destruction of his property, determined as set
29 forth in this chapter.
30 § 702. Measure of damages.
19870S0440B2497 - 30 -
1 (a) Just compensation.--Just compensation shall consist of
2 the difference between the fair market value of the condemnee's
3 entire property interest immediately before the condemnation and
4 as unaffected by the condemnation and the fair market value of
5 his property interest remaining immediately after the
6 condemnation and as affected by the condemnation and any other
7 damages as provided in this title.
8 (b) Urban development or redevelopment condemnation.--In the
9 case of the condemnation of property in connection with any
10 urban development or redevelopment project, which property is
11 damaged by subsidence due to failure of surface support
12 resulting from the existence of mine tunnels or passageways
13 under the property or by reason of fires occurring in mine
14 tunnels or passageways or of burning coal refuse banks, the
15 damage resulting from this subsidence or underground fires or
16 burning coal refuse banks shall be excluded in determining the
17 fair market value of the condemnee's entire property interest
18 immediately before the condemnation.
19 (c) Value of property damaged by natural disaster.--In the
20 case of the condemnation of property in connection with any
21 program or project which property is damaged by any natural
22 disaster, the damage resulting from the natural disaster shall
23 be excluded in determining fair market value of the condemnee's
24 entire property interest immediately before the condemnation.
25 (d) Applicability of natural disaster provisions.--
26 Subsection (c) is applicable only where the damage resulting
27 from the natural disaster has occurred within five years prior
28 to the initiation of negotiations for or notice of intent to
29 acquire or order to vacate the property and during the ownership
30 of the property by the condemnee. The damage to be excluded
19870S0440B2497 - 31 -
1 shall include only actual physical damage to the property for
2 which the condemnee has not received any compensation or
3 reimbursement.
4 § 703. Fair market value.
5 Fair market value shall be the price which would be agreed to
6 by a willing and informed seller and buyer, taking into
7 consideration, but not limited to, the following factors:
8 (1) The present use of the property and its value for
9 that use.
10 (2) The highest and best reasonably available use of the
11 property and its value for that use.
12 (3) The machinery, equipment and fixtures forming part
13 of the real estate taken.
14 (4) Other factors as to which evidence may be offered as
15 provided by Chapter 11 (relating to evidence).
16 § 704. Effect of imminence of condemnation.
17 Any change in the fair market value prior to the date of
18 condemnation which the condemnor or condemnee establishes was
19 substantially due to the general knowledge of the imminence of
20 condemnation, other than that due to physical deterioration of
21 the property within the reasonable control of the condemnee,
22 shall be disregarded in determining fair market value.
23 § 705. Contiguous tracts and unity of use.
24 Where all or a part of several contiguous tracts in <--
25 substantially identical ownership OWNED BY ONE OWNER is <--
26 condemned or a part of several noncontiguous tracts in <--
27 substantially identical ownership OWNED BY ONE OWNER which are <--
28 used together for a unified purpose is condemned, damages shall
29 be assessed as if the tracts were one parcel.
30 § 706. Effect of condemnation use on after value.
19870S0440B2497 - 32 -
1 In determining the fair market value of the remaining
2 property after a partial taking, consideration shall be given to
3 the use to which the property condemned is to be put and the
4 damages or benefits specially affecting the remaining property
5 due to its proximity to the improvement for which the property
6 was taken. Consideration shall also be given to any time
7 discount, inconvenience or other effects of the construction
8 period, which would have materially affected the price which the
9 condemnee would have received had he sold the remaining property
10 to a third party immediately after the date of condemnation but
11 before completion of the improvement. Future damages and general
12 benefits which will affect the entire community beyond the
13 properties directly abutting the property taken shall not be
14 considered in arriving at the after value. Special benefits to
15 the remaining property shall in no event exceed the total
16 damages except in cases where the condemnor is authorized under
17 existing law to make special assessments for benefits.
18 § 707. Removal of machinery, equipment or fixtures.
19 In the event the condemnor does not require for its use
20 machinery, equipment or fixtures forming part of the real
21 estate, it shall so notify the condemnee. The condemnee may
22 within 30 days of the notice elect to remove the machinery,
23 equipment or fixtures unless the time is extended by the
24 condemnor. If the condemnee so elects, the damages shall be
25 reduced by the fair market value of the machinery, equipment or
26 fixtures severed from the real estate.
27 § 708. Expenses incidental to transfer of title.
28 Any acquiring agency shall, on the date of payment of the
29 purchase price of amicably acquired real property or of payment
30 or tender of estimated just compensation in a condemnation
19870S0440B2497 - 33 -
1 proceeding to acquire real property, whichever is earlier or as
2 soon as is practicable, reimburse the owner for expenses he
3 necessarily incurred for:
4 (1) Recording fees, transfer taxes and similar expenses
5 incidental to conveying the real property to the acquiring
6 agency.
7 (2) Penalty costs for prepayment for any preexisting
8 recorded mortgage entered into in good faith encumbering the
9 real property.
10 (3) The pro rata portion of real property taxes paid
11 which are allocable to a period subsequent to the date of
12 vesting title in the acquiring agency or the effective date
13 of possession of the real property by the acquiring agency,
14 whichever is earlier.
15 (4) The pro rata portion of water and sewer charges paid
16 to a taxing entity or a local authority allocable to a period
17 subsequent to the effective date of possession of the real
18 property by the acquiring agency.
19 § 709. Condemnee's costs where no declaration of taking filed.
20 Where proceedings are instituted by a condemnee under section
21 502(c) (relating to petition for appointment of viewers), a
22 judgment awarding compensation to the condemnee for the taking
23 of property shall include reimbursement of reasonable appraisal,
24 attorney and engineering fees and other costs and expenses
25 actually incurred.
26 § 710. Limited reimbursement of appraisal, attorney and
27 engineering fees.
28 (a) General rule.--The owner of any right, title or interest
29 in real property acquired or injured by an acquiring agency, who
30 is not eligible for reimbursement of fees under section 306(g)
19870S0440B2497 - 34 -
1 (relating to preliminary objections), 308(d) (relating to
2 revocation of condemnation proceedings) or 709 (relating to
3 condemnee's costs where no declaration of taking filed), shall
4 be reimbursed in an amount not to exceed $1,000 as a payment
5 toward reasonable expenses actually incurred for appraisal,
6 attorney and engineering fees.
7 (b) Attorney fees.--In determining reasonable attorney fees
8 under sections 306(g), 308(d) and 709, the court shall consider
9 all of the circumstances of the case, including, but not limited
10 to, time records if available.
11 (c) Appraisal and engineering fees.--The condemnee's
12 attorney of record shall present all evidence of reasonable
13 appraisal or engineering fees recoverable under sections 306(g),
14 308(d) and 709. The condemnee's attorney of record shall collect
15 all of the fees recovered and transmit them to the appraiser and
16 engineer.
17 § 711. Payment on account of increased mortgage costs.
18 (a) Reimbursement of owner.--Whenever the acquisition of
19 property by an acquiring agency results in the termination of an
20 installment purchase contract, mortgage or other evidence of
21 debt on the acquired property, requiring the legal or equitable
22 owner to enter into another installment purchase contract,
23 mortgage or other evidence of debt on the property purchased for
24 the same use as the acquired property, a legal or equitable
25 owner who does not qualify for a payment under section 902(a)(2)
26 (relating to replacement housing for homeowners) shall be
27 compensated for any increased interest and other debt service
28 costs which he is required to pay for financing the acquisition
29 of the replacement property.
30 (b) Determination of amount.--Compensation for any increased
19870S0440B2497 - 35 -
1 interest and other debt service costs shall be equal to the
2 excess in the aggregate interest and other debt service costs of
3 that amount on the principal of the installment purchase
4 contract, mortgage or other evidence of debt on the replacement
5 property which is equal to the unpaid balance of the installment
6 purchase contract, mortgage or other evidence of debt on the
7 acquired property over the remaining term of the installment
8 purchase contract, mortgage or other evidence of debt on the
9 acquired property reduced to present worth. The discount rate to
10 be used in reducing to present worth shall be the prevailing
11 interest rate paid on savings deposits by commercial banks in
12 the general area in which the replacement property is located.
13 The amount shall be paid only if the acquired property was
14 subject to an installment purchase contract or encumbered by a
15 bona fide mortgage or other evidence of debt secured by the
16 property which was a valid lien on the property for not less
17 than 180 days prior to the initiation of negotiations for the
18 acquisition of the property.
19 § 712. Loss of rentals because of imminence of condemnation.
20 The condemnee shall be entitled to receive as special damages
21 compensation for any loss, suffered prior to the date of taking,
22 caused by a reduction of income from rentals which the condemnee
23 establishes was substantially due to the general knowledge of
24 the imminence of condemnation, other than that due to physical
25 deterioration of the property within the reasonable control of
26 the condemnee. This section is applicable only to losses of
27 rental income suffered following a 60-day period subsequent to
28 written notice from the condemnee to the condemnor that losses
29 of rental income are being suffered. Total damages under this
30 section shall not exceed $10,000.
19870S0440B2497 - 36 -
1 § 713. Delay compensation.
2 (a) General rule.--A condemnee or displaced person shall be
3 entitled to delay compensation:
4 (1) on general damages, including damages payable under
5 sections 714 (relating to consequential damages) and 715
6 (relating to damages for vacation of roads), from the date of
7 relinquishment of possession of the condemned property or, if
8 possession is not required to effectuate the condemnation,
9 from the date of condemnation; and
10 (2) on damages payable under sections 708 (relating to
11 expenses incidental to transfer of title), 711 (relating to
12 payment on account of increased mortgage costs) and 712
13 (relating to loss of rentals because of imminence of
14 condemnation) and Chapter 9 (relating to special damages for
15 displacement) from 60 days after the condemnee or displaced
16 person provides satisfactory documentation to the condemnor
17 that the reimbursable costs or expenses have been incurred by
18 the condemnee or displaced person or that the property
19 qualifies for payment under section 901(b) (relating to
20 moving and related expenses of displaced persons).
21 (b) When condemnee not entitled.--No compensation for delay
22 shall be payable with respect to funds paid on account or by
23 deposit in court after the date of the payment or deposit or for
24 any time during which preliminary objections filed by the
25 condemnee are pending.
26 (c) Rate of interest.--Compensation for delay in payment
27 shall be paid on the basis of compound annual interest. The
28 applicable rate of interest for compensation for delay for each
29 calendar year or portion of a calendar year shall be equal to
30 the annual Index of Long-Term United States Government Bond
19870S0440B2497 - 37 -
1 Yields for that year or, when an annual index for a portion of a
2 year has not been published by the Secretary of Banking, the
3 most recently published index. The compensation for delay for
4 each year or portion of a year shall be added to the unpaid
5 damages prior to calculation of the compensation for delay for
6 the succeeding year or portion of a year.
7 (d) When calculation of delay compensation made.--
8 Compensation for delay shall not be included by the viewers or
9 the court or jury on appeal as part of the award or verdict, but
10 shall at the time of payment of the award or judgment be
11 calculated as provided in subsection (c) and added to the award
12 or verdict. There shall be no further or additional payment of
13 interest on the award or verdict.
14 (e) Secretary of Banking.--On or before each January 20, the
15 Secretary of Banking shall have published in the Pennsylvania
16 Bulletin the annual Index of Long-Term United States Government
17 Bond Yields for each of the preceding ten years.
18 § 714. Consequential damages.
19 All condemnors, including the Commonwealth, shall be liable
20 for damages to property abutting the area of an improvement
21 resulting from change of grade of a road or highway, permanent
22 interference with access or injury to surface support, whether
23 or not any property is taken.
24 § 715. Damages for vacation of roads.
25 Whenever a public road, street or highway is vacated, the
26 affected owners may recover damages for any injuries sustained,
27 even though no land is actually taken.
28 § 716. Attempted avoidance of monetary just compensation.
29 Where a condemnor attempts to avoid the payment of monetary
30 just compensation to which the condemnee otherwise would be
19870S0440B2497 - 38 -
1 entitled by use of a substitute for monetary compensation and
2 the condemnee incurs expenses, including appraisal, attorney and
3 engineering fees, in securing an adjudication that the
4 substitute is not adequate, the condemnee shall be reimbursed by
5 the condemnor for all these expenses incurred.
6 CHAPTER 9
7 SPECIAL DAMAGES FOR DISPLACEMENT
8 Sec.
9 901. Moving and related expenses of displaced persons.
10 902. Replacement housing for homeowners.
11 903. Replacement housing for tenants and others.
12 904. Housing replacement authorization.
13 905. Regulations.
14 906. Payments not to be considered as income or resources.
15 § 901. Moving and related expenses of displaced persons.
16 (a) Reasonable expenses incurred.--Any displaced person
17 shall be reimbursed for reasonable expenses incurred in moving
18 himself and his family and for the removal, transportation and
19 reinstallation of personal property.
20 (1) Receipts shall be prima facie evidence of incurred
21 reasonable moving expenses.
22 (2) Any displaced person who is displaced from a
23 dwelling may elect to receive, in lieu of reimbursement of
24 incurred moving expenses, a moving expense allowance
25 determined according to a schedule established by the
26 acquiring agency, not to exceed $300, and a dislocation
27 allowance of $200.
28 (b) Damages for dislocation of business or farm operation.--
29 Any displaced person who is displaced from his place of business
30 or from his farm operation shall be entitled, in addition to any
19870S0440B2497 - 39 -
1 payment received under subsection (a), to damages for
2 dislocation of his business or farm operation as follows:
3 (1) Damages equal to the value in place of the personal
4 property which:
5 (i) is not moved because of the discontinuance of
6 the business or farm operation or the unavailability of a
7 comparable site for relocation; or
8 (ii) cannot be moved without substantially
9 destroying or diminishing its utility in the relocated
10 business or farm operation.
11 (2) In lieu of the damages provided in paragraph (1), at
12 the option of the displaced person, an amount not to exceed
13 $10,000 to be determined by taking 50% of the difference, if
14 any, between the original cost of the personal property to
15 the displaced person or the replacement cost of equivalent
16 property at the time of sale, whichever is lower, and the net
17 proceeds obtained by the displaced person at a commercially
18 reasonable private or public sale. If this option is
19 selected, the displaced person shall give the acquiring
20 agency not less than 60 days notice in writing of his
21 intention to seek damages under this option. The displaced
22 person shall not, directly or indirectly, purchase any of the
23 personal property at private sale. Inventory shall be paid
24 for under this option only if the business is not relocated.
25 (3) In addition to damages under paragraph (1) or (2),
26 damages of not more than $25,000 nor less than $2,500, in an
27 amount equal to the greater of:
28 (i) forty times the actual monthly rental, in the
29 case of a tenant, or 40 times the fair monthly rental
30 value, in the case of owner-occupancy; or
19870S0440B2497 - 40 -
1 (ii) the average annual net earnings. The term
2 "average annual net earnings" means one-half of any net
3 earnings of the business or farm operation before
4 Federal, State and local income taxes during the two
5 taxable years immediately preceding the taxable year in
6 which the business or farm operation moves from the real
7 property acquired for a project, and includes any
8 compensation paid by the business or farm operation to
9 the owner, his spouse or his dependents during this
10 period. The regulations promulgated under section 905
11 (relating to regulations) may designate another period
12 determined to be more equitable for establishing average
13 annual net earnings provided the designation of the
14 period does not produce a lesser payment than would use
15 of the last two taxable years.
16 (4) In the case of a business, payment shall be made
17 under paragraph (3) only if the business cannot be relocated
18 without a substantial loss of profits.
19 (5) In addition to damages under paragraphs (1) through
20 (4), actual reasonable expenses incurred in searching for a
21 replacement business or farm.
22 § 902. Replacement housing for homeowners.
23 (a) Additional payments to certain homeowners.--In addition
24 to payments otherwise authorized, the acquiring agency shall
25 make an additional payment not in excess of $15,000 to any
26 displaced person who is displaced from a dwelling actually owned
27 and occupied by the displaced person for not less than 180 days
28 prior to the initiation of negotiations for the acquisition of
29 the property or the receipt of written notice from the acquiring
30 agency of intent to acquire or order to vacate. The additional
19870S0440B2497 - 41 -
1 payment shall include the following elements:
2 (1) The amount, if any, which, when added to the
3 acquisition cost of the acquired dwelling, equals the
4 reasonable cost of a comparable replacement dwelling which is
5 a decent, safe and sanitary dwelling adequate to accommodate
6 the displaced person, reasonably accessible to public
7 services and his place of employment and available to the
8 displaced person on the private market.
9 (2) The amount, if any, as provided in this paragraph,
10 which will compensate the displaced person for any increased
11 interest and other debt service costs which the person is
12 required to pay for financing the acquisition of any
13 comparable replacement dwelling. The amount shall be equal
14 to:
15 (i) in those instances where the acquired property
16 at the time of the acquisition was subject to an
17 installment purchase contract, mortgage or other evidence
18 of debt, the excess in the aggregate interest and other
19 debt service costs of that amount on the principal of the
20 installment purchase contract, mortgage or other evidence
21 of debt on the replacement dwelling which is equal to the
22 unpaid balance of the installment purchase contract,
23 mortgage or other evidence of debt on the acquired
24 dwelling over the remaining term of the installment
25 purchase contract, mortgage or other evidence of debt on
26 the acquired dwelling reduced to present worth; or
27 (ii) in those instances where the acquired property
28 at the time of the acquisition was not subject to an
29 installment purchase contract, mortgage or other evidence
30 of debt, the aggregate interest and other debt service
19870S0440B2497 - 42 -
1 costs of the principal of the installment purchase
2 contract, mortgage or other evidence of debt on the
3 replacement dwelling over a term not to exceed ten years
4 reduced to present worth.
5 The discount rate to be used in reducing to present worth
6 shall be the prevailing interest rate paid on savings
7 deposits by commercial banks in the general area in which the
8 replacement dwelling is located.
9 (3) Reasonable expenses incurred by the displaced person
10 for evidence of title, recording and attorney fees, real
11 property transfer taxes and other closing and related costs
12 incident to the purchase and financing of the replacement
13 dwelling, but not including prepaid expenses.
14 (b) One-year time period for purchase of replacement
15 dwelling.--The additional payment authorized by this section
16 shall be made only to a displaced person who purchases and
17 occupies a replacement dwelling, which is decent, safe, sanitary
18 and adequate to accommodate the displaced person, not later than
19 the end of the one-year period beginning on the date on which he
20 receives final payment of his full acquisition cost for the
21 acquired dwelling or on the date on which he moves from the
22 acquired dwelling, whichever is later. Regulations issued under
23 section 905 (relating to regulations) may prescribe situations
24 when the one-year period may be extended.
25 (c) Right of election.--The person entitled under this
26 section shall have the right to elect the benefits available
27 under section 903 (relating to replacement housing for tenants
28 and others) in lieu of those provided by this section.
29 § 903. Replacement housing for tenants and others.
30 (a) Payment to certain displaced persons.--In addition to
19870S0440B2497 - 43 -
1 amounts otherwise authorized, an acquiring agency shall make a
2 payment to or for any displaced person displaced from a dwelling
3 not eligible to receive a payment under section 902 (relating to
4 replacement housing for homeowners) which dwelling was actually
5 and lawfully occupied by the displaced person for not less than
6 90 days prior to the initiation of negotiations for acquisition
7 of the dwelling or the receipt of written notice from the
8 acquiring agency of intent to acquire or order to vacate. The
9 payment shall be either:
10 (1) the amount determined to be necessary to enable the
11 displaced person to lease for a period not to exceed four
12 years a decent, safe and sanitary dwelling adequate to
13 accommodate the person in areas not generally less desirable
14 in regard to public utilities and public and commercial
15 facilities and reasonably accessible to his place of
16 employment. The amount shall be the additional amount, if
17 any, over the actual rental or fair rental value of the
18 acquired dwelling as determined in accordance with
19 regulations promulgated under section 905 (relating to
20 regulations) but not to exceed $4,000; or
21 (2) the amount necessary to enable the person to make a
22 down payment, which is the equity payment in excess of the
23 maximum amount of conventional financing available to the
24 displaced person, plus those expenses described in section
25 902(a)(3), on the purchase of a decent, safe and sanitary
26 dwelling adequate to accommodate the person in areas not
27 generally less desirable in regard to public utilities and
28 public and commercial facilities, but not to exceed $4,000,
29 except that if the amount exceeds $2,000 the person must
30 equally match this amount in excess of $2,000 in making the
19870S0440B2497 - 44 -
1 down payment.
2 (b) Condition of payment.--The additional payment authorized
3 by this section shall be made only to a displaced person who
4 occupies a replacement dwelling which is decent, safe, sanitary
5 and adequate to accommodate the displaced person.
6 § 904. Housing replacement authorization.
7 (a) Short title of section.--This section shall be known and
8 may be cited as the Housing Replacement Authorization Act.
9 (b) Housing replacements by acquiring agency as last
10 resort.--
11 (1) If comparable replacement sale or rental housing is
12 not available in the neighborhood or community in which a
13 program or project is located and this housing cannot
14 otherwise be made available, as so certified by the county
15 commissioners or, in cities of the first class, by the city
16 council, the acquiring agency may purchase, construct,
17 reconstruct or otherwise provide replacement housing by use
18 of funds authorized for the program or project. For this
19 purpose, the acquiring agency may exercise its power of
20 eminent domain to acquire property in fee simple or any
21 lesser estate as it deems advisable.
22 (2) Replacement housing provided under this section may
23 be sold, leased or otherwise disposed of by the acquiring
24 agency, for or without consideration, to displaced persons or
25 to nonprofit, limited dividend or cooperative organizations
26 or public bodies, on terms and conditions as the acquiring
27 agency deems necessary and proper to effect the relocation of
28 persons displaced by a program or project.
29 (3) The acquiring agency may contract with other public
30 agencies or any person for the financing, planning,
19870S0440B2497 - 45 -
1 acquisition, development, construction, management, sale,
2 lease or other disposition of replacement housing provided
3 under this section.
4 (c) Planning and other preliminary expenses for replacement
5 housing.--In order to encourage and facilitate the construction
6 or rehabilitation of housing to meet the needs of displaced
7 persons, any governmental acquiring agency may make loans and
8 grants to nonprofit, limited dividend or cooperative
9 organizations or public bodies for necessary and reasonable
10 expenses, prior to construction, for planning and obtaining
11 mortgage financing for the rehabilitation or construction of
12 housing for these displaced persons. These loans and grants
13 shall be made prior to the availability of financing for items
14 such as preliminary surveys and analyses of market needs,
15 preliminary site engineering, preliminary architectural fees,
16 legal, appraisal and organizational fees, site acquisition,
17 application and mortgage commitment fees, construction loan fees
18 and discounts and similar items. Loans to an organization
19 established for profit shall bear interest at market rate
20 determined by the acquiring agency. All other loans and grants
21 shall be without interest. The acquiring agency shall require
22 repayment of loans and grants made under this section, under any
23 terms and conditions it requires, upon completion of the project
24 or sooner. However, except in the case of a loan to an
25 organization established for profit, the acquiring agency may
26 cancel any part or all of a loan and may cancel the repayment
27 provisions of a grant if it determines that a permanent loan to
28 finance the rehabilitation or the construction of the housing
29 cannot be obtained in an amount adequate for repayment of the
30 loan.
19870S0440B2497 - 46 -
1 (d) Availability of funds.--Funds, including motor license
2 funds and other special funds, appropriated or otherwise
3 available to any acquiring agency for a program or project,
4 which results in the displacement of any person, shall be
5 available also for obligations and expenditures to carry out the
6 provisions of this section.
7 § 905. Regulations.
8 The General Counsel shall promulgate rules and regulations
9 necessary to assure that:
10 (1) The payments authorized by this chapter shall be
11 made in a manner which is fair and reasonable and as uniform
12 as practicable.
13 (2) A displaced person who makes proper application for
14 a payment authorized for that person by this chapter shall be
15 paid promptly after a move or, in hardship cases, be paid in
16 advance.
17 (3) Any person aggrieved by a determination as to
18 eligibility for a payment authorized by this chapter or the
19 amount of a payment may elect to have his application
20 reviewed by the head of the acquiring agency.
21 (4) Each displaced person shall receive the maximum
22 payments authorized by this chapter.
23 (5) Each acquiring agency may obtain the maximum Federal
24 reimbursement for relocation payment and assistance costs
25 authorized by any Federal law.
26 § 906. Payments not to be considered as income or resources.
27 No payment received by a displaced person under this chapter
28 shall be considered as income or resources for the purpose of
29 determining the eligibility or extent of eligibility of any
30 person for assistance under any State law or for the purposes of
19870S0440B2497 - 47 -
1 the State or local personal income or wage tax laws, corporation
2 tax laws or other tax laws. No payments under this chapter
3 except those provided for in section 901(b) (relating to moving
4 and related expenses of displaced persons) shall be subject to
5 attachment or execution at law or in equity.
6 CHAPTER 11
7 EVIDENCE
8 Sec.
9 1101. Viewers' hearing.
10 1102. Condemnor's evidence before viewers.
11 1103. Trial in court on appeal.
12 1104. Competency of condemnee as witness.
13 1105. Evidence generally.
14 1106. Use of condemned property.
15 § 1101. Viewers' hearing.
16 The viewers may hear testimony, receive evidence and make
17 independent investigation as they deem appropriate, without
18 being bound by formal rules of evidence.
19 § 1102. Condemnor's evidence before viewers.
20 The condemnor shall, at the hearing before the viewers,
21 present expert testimony of the amount of damages suffered by
22 the condemnee.
23 § 1103. Trial in court on appeal.
24 At the trial in court on appeal:
25 (1) Either party may, as a matter of right, have the
26 jury or the judge in a trial without a jury view the property
27 involved, notwithstanding that structures have been
28 demolished or the site altered, and the view shall be
29 evidentiary. If the trial is with a jury, the trial judge
30 shall accompany the jury on the view.
19870S0440B2497 - 48 -
1 (2) If any valuation expert who has not previously
2 testified before the viewers is to testify, the party calling
3 him must disclose his name and serve a statement of his
4 valuation of the property before and after the condemnation
5 and his opinion of the highest and best use of the property
6 before the condemnation and of any part remaining after the
7 condemnation on the opposing party at least ten days before
8 the commencement of the trial.
9 (3) The report of the viewers and the amount of their
10 award shall not be admissible as evidence.
11 § 1104. Competency of condemnee as witness.
12 The condemnee or an officer of a corporate condemnee, without
13 further qualification, may testify as to just compensation
14 without compliance with the provisions of section 1103(2)
15 (relating to trial in court on appeal).
16 § 1105. Evidence generally.
17 At the hearing before the viewers or at the trial in court on
18 appeal:
19 (1) A qualified valuation expert may, on direct or
20 cross-examination, state any or all facts and data which he
21 considered in arriving at his opinion, whether or not he has
22 personal knowledge of the facts and data, and his statement
23 of the facts and data and the sources of his information
24 shall be subject to impeachment and rebuttal.
25 (2) A qualified valuation expert may, on direct or
26 cross-examination, testify in detail as to the valuation of
27 the property on a comparable market value, reproduction cost
28 or capitalization basis, which testimony may include, but
29 shall not be limited to, the following:
30 (i) The price and other terms of any sale or
19870S0440B2497 - 49 -
1 contract to sell the condemned property or comparable
2 property made within a reasonable time before or after
3 the date of condemnation.
4 (ii) The rent reserved and other terms of any lease
5 of the condemned property or comparable property which
6 was in effect within a reasonable time before or after
7 the date of condemnation.
8 (iii) The capitalization of the net rental or
9 reasonable net rental value of the condemned property,
10 including reasonable net rental values customarily
11 determined by a percentage or other measurable portion of
12 gross sales or gross income of a business which may
13 reasonably be conducted on the premises, as distinguished
14 from the capitalized value of the income or profits
15 attributable to any business conducted on the premises of
16 the condemned property.
17 (iv) The value of the land together with the cost of
18 replacing or reproducing the existing improvements less
19 depreciation or obsolescence.
20 (v) The cost of adjustments and alterations to any
21 remaining property made necessary or reasonably required
22 by the condemnation.
23 (3) Either party may show the difference between the
24 condition of the property and of the immediate neighborhood
25 at the time of condemnation and at the time of view, either
26 by the viewers or jury.
27 (4) The assessed valuations of property condemned shall
28 not be admissible in evidence for any purpose.
29 (5) A qualified valuation expert may testify that he has
30 relied upon the written report of another expert as to the
19870S0440B2497 - 50 -
1 cost of adjustments and alterations to any remaining property
2 made necessary or reasonably required by the condemnation,
3 but only if a copy of the written report has been furnished
4 to the opposing party ten days in advance of the trial.
5 (6) If otherwise qualified, a valuation expert shall not
6 be disqualified by reason of not having made sales of
7 property or not having examined the condemned property prior
8 to the condemnation provided he can show he has acquired
9 knowledge of its condition at the time of the condemnation.
10 § 1106. Use of condemned property.
11 In arriving at his valuation of the remaining part of the
12 property in a partial condemnation, an expert witness may
13 consider and testify to the use to which the condemned property
14 is intended to be put by the condemnor.
15 Section 2. Title 42 is amended by adding a section to read:
16 § 702.1. Expedited appeals in eminent domain proceedings.
17 When a court in an eminent domain proceeding dismisses
18 preliminary objections to a declaration of taking and is of the
19 opinion that the matters involved are of immediate public
20 importance, it shall, upon request of a party, so state in the
21 order. If an appeal is taken from that order, the appellate
22 court shall give priority to the determination of the issues
23 raised by the appeal.
24 Section 3. Sections 5526, 5527, 5530(a) and 6121 of Title 42
25 are amended to read:
26 § 5526. Five year limitation.
27 The following actions and proceedings must be commenced
28 within five years:
29 (1) An action for revival of a judgment lien on real
30 property.
19870S0440B2497 - 51 -
1 (2) An action for specific performance of a contract for
2 sale of real property or for damages for noncompliance
3 therewith.
4 (3) An action to enforce any equity of redemption or any
5 implied or resulting trust as to real property.
6 [(4) A proceeding in inverse condemnation, if property
7 has been injured but no part thereof has been taken, or if
8 the condemnor has made payment in accordance with section
9 407(a) or (b) (relating to possession and payment of
10 compensation) of the act of June 22, 1964 (Sp.Sess., P.L.84,
11 No.6), known as the "Eminent Domain Code."]
12 § 5527. Six year limitation.
13 (a) Eminent domain.--
14 (1) If a condemnor has filed a declaration of taking, a
15 petition for the appointment of viewers for the assessment of
16 damages under Title 26 (relating to eminent domain) must be
17 filed within six years from the date on which the condemnor
18 first made payment in accordance with 26 Pa.C.S. § 307(a) or
19 (b) (relating to possession, right of entry and payment of
20 compensation). If payment is not required to be made under 26
21 Pa.C.S. § 307(a) to obtain possession, a petition for the
22 appointment of viewers must be filed within six years of the
23 filing of the declaration of taking.
24 (2) If the condemnor has not filed a declaration of
25 taking, a petition for the appointment of viewers for the
26 assessment of damages under Title 26 must be filed within six
27 years from the date on which the asserted taking, injury or
28 destruction of the property occurred or could reasonably have
29 been discovered by the condemnee.
30 (b) Other civil action or proceeding.--Any civil action or
19870S0440B2497 - 52 -
1 proceeding which is neither subject to another limitation
2 specified in this subchapter nor excluded from the application
3 of a period of limitation by section 5531 (relating to no
4 limitation) must be commenced within six years.
5 § 5530. Twenty-one year limitation.
6 (a) General rule.--The following actions and proceedings
7 must be commenced within 21 years:
8 (1) An action for the possession of real property.
9 (2) An action for the payment of any ground rent,
10 annuity or other charge upon real property, or any part or
11 portion thereof. If this paragraph shall operate to bar any
12 payment of such a rent, annuity or charge, the rent, annuity
13 or charge to which the payment relates shall be extinguished
14 and no further action may be commenced with respect to
15 subsequent payments.
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.
19870S0440B2497 - 53 -
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. (a) The following acts and parts of acts are
13 repealed:
14 Section 41 of the act of April 29, 1874 (P.L.73, No.32),
15 entitled "An act to provide for the incorporation and regulation
16 of certain corporations."
17 Section 2003(e)(2)(i)(B) and (7) (except as much as reads:
18 "Revenue from any sale of land acquired with motor license funds
19 shall be deposited in the Motor License Fund.") of the act of
20 April 9, 1929 (P.L.177, No.175), known as The Administrative
21 Code of 1929.
22 Act of April 17, 1929 (P.L.531, No.234), entitled "An act
23 authorizing the courts of common pleas to direct the filing by
24 corporations of bonds to the Commonwealth, to secure payment of
25 damages for the taking of lands, waters, materials, or other
26 property or rights, or for injury thereto, in cases where there
27 is a disputed, doubtful, or defective title, or where any party
28 interested is absent, unknown, not of full age, of unsound mind,
29 or is an unincorporated association, or, from any cause, cannot
30 be bargained with or be served with notice or tendered a bond
19870S0440B2497 - 54 -
1 within the county, and to appoint guardians ad litem or trustees
2 for such persons."
3 Act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the
4 Eminent Domain Code.
5 Act of December 6, 1972 (P.L.1410, No.304), known as the
6 Housing Replacement Authorization Act.
7 (b) Subsection H of section 322 of the act of May 5, 1933
8 (P.L.364, No.106), known as the Business Corporation Law, is
9 repealed insofar as it is inconsistent with this act.
10 (c) Nothing in this act shall repeal, modify or supplant the
11 following act except as to the measure of damages prescribed by
12 26 Pa.C.S. Ch. 7 of this act:
13 Articles XXVII, XXVIII and XXIX of the act of July 28, 1953
14 (P.L.23, No.230), known as the Second Class County Code, as they
15 are applicable to procedures in the court of common pleas with
16 respect to bridges, viaducts, culverts and roads.
17 (d) All other acts and parts of acts are repealed insofar as
18 they are inconsistent with this act.
19 Section 6. This act shall apply to all condemnations
20 effected on or after the effective date of this act. However,
21 the provisions of 26 Pa.C.S. § 713 relating to the rate of
22 interest for compensation for delay shall apply to all periods
23 of time thereafter with respect to condemnations effected prior
24 to the effective date of this act. The amendments to 42 Pa.C.S.
25 §§ 5526, 5527 and 5530 shall apply only to causes of action
26 which accrue after the effective date of this act.
27 SECTION 7. THE REPEAL BY THIS ACT OF SECTION 2003(E)(7) OF <--
28 THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
29 ADMINISTRATIVE CODE OF 1929, SHALL NOT AFFECT THE AUTHORITY OF
30 THE DEPARTMENT OF TRANSPORTATION TO SELL AT PUBLIC SALE PURSUANT
19870S0440B2497 - 55 -
1 TO 26 PA.C.S. § 310 ANY LAND ACQUIRED BY THE DEPARTMENT IF THE
2 SECRETARY OF TRANSPORTATION DETERMINES THAT THE LAND IS NOT
3 NEEDED FOR PRESENT OR FUTURE TRANSPORTATION PURPOSES.
4 Section 7 8. This act shall take effect in 180 days. <--
A6L26CM/19870S0440B2497 - 56 -