THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SWANGER, BARRAR, BOYD, CALTAGIRONE, CREIGHTON, CUTLER, DeWEESE, EVERETT, FRANKEL, GIBBONS, GROVE, HUTCHINSON, JOSEPHS, McILVAINE SMITH, MELIO, MILLER, MOUL, MURT, MUSTIO, PHILLIPS, RAPP, ROAE, ROCK, ROHRER, SIPTROTH, SONNEY AND VULAKOVICH, MARCH 9, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 9, 2009  

AN ACT

Amending Title 26 (Eminent Domain) of the Pennsylvania

Consolidated Statutes, further providing for the

reimbursement of appraisal, attorney and engineering fees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 710 of Title 26 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 710.  Limited reimbursement of appraisal, attorney and

engineering fees.

(a)  General rule.--The owner of any right, title or interest

in real property acquired or injured by an acquiring agency, who

is not eligible for reimbursement of fees under section 306(g)

(relating to preliminary objections), 308(d) (relating to

revocation of condemnation proceedings) or 709 (relating to

condemnee's costs where no declaration of taking filed), shall

be reimbursed in an amount not to exceed [$4,000] $25,000 as a

payment toward reasonable expenses actually incurred for

appraisal, attorney and engineering fees.

(b)  Attorney fees.--In determining reasonable attorney fees

under sections 306(g), 308(d), 709 and this section, the court

shall consider all of the circumstances of the case, including,

but not limited to, time records if available.

Section 2.  This act shall take effect immediately.