PRINTER'S NO. 1851
No. 1459 Session of 1978
INTRODUCED BY ZEMPRELLI AND DUFFIELD, APRIL 19, 1978
REFERRED TO JUDICIARY, APRIL 19, 1978
AN ACT
1 Amending the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
2 entitled "An act to codify, amend, revise and consolidate the
3 laws relating to eminent domain," further providing for
4 attorney fees.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 610, act of June 22, 1964 (Sp.Sess.,
8 P.L.84, No.6), known as the "Eminent Domain Code," added
9 December 29, 1971 (P.L.635, No.169), is amended to read:
10 Section 610. Limited Reimbursement of Appraisal, Attorney
11 and Engineering Fees.--The owner of any right, title, or
12 interest in real property acquired or injured by an acquiring
13 agency, who is not eligible for reimbursement of such fees under
14 sections 406 (e), 408 or 609 of this act, shall be reimbursed in
15 an amount not to exceed five hundred dollars ($500) as a payment
16 toward reasonable expenses actually incurred for appraisal,
17 attorney and engineering fees: Provided, however, That where a
18 final decision of the viewers or of the court of common pleas
19 establishes compensation in an amount of ten per cent or more in
1 excess of the compensation offered by the condemnor, the owner
2 of any right, title or interest in real property acquired or
3 injured by an acquiring agency shall be reimbursed for
4 attorney's fees in the amount actually paid on the said excess
5 award. In no event shall the fee for legal services exceed
6 thirty-three and one-third per cent of such excess award. The
7 excess award is calculated to be the total final award reduced
8 by the condemnor's highest offer before the reviewers hearing
9 and an additional sum equal to ten per cent of such highest
10 offer before the reviewer's hearing.
11 Section 2. This act shall take effect in 60 days.
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