PRINTER'S NO. 2611
No. 2043 Session of 1999
INTRODUCED BY KREBS, MANDERINO, MARSICO, LEVDANSKY, FEESE,
NICKOL, ORIE, B. SMITH, GEIST, TRELLO, M. COHEN, S. H. SMITH,
CARN, MASLAND, LAUGHLIN, SEYFERT, ROBINSON, WILT, THOMAS,
McCALL, MAITLAND, STEELMAN, STERN AND DALEY, NOVEMBER 8, 1999
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 8, 1999
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
18 CHAPTER 1
1 GENERAL PROVISIONS
2 Sec.
3 101. Short title of title.
4 102. Application of title.
5 103. Definitions.
6 § 101. Short title of title.
7 This title shall be known and may be cited as the Eminent
8 Domain Code.
9 § 102. Application of title.
10 This title provides a complete and exclusive procedure and
11 law to govern all condemnations of property for public purposes
12 and the assessment of damages. Nothing in this title shall
13 affect the jurisdiction or power of the Pennsylvania Public
14 Utility Commission or any statute providing for the assessment
15 of benefits for public improvements on the properties benefited.
16 Nothing in this title shall enlarge or diminish the power of
17 condemnation given by law to any condemnor.
18 § 103. Definitions.
19 Subject to additional definitions contained in subsequent
20 provisions of this title which are applicable to specific
21 provisions of this title, the following words and phrases when
22 used in this title shall have the meanings given to them in this
23 section unless the context clearly indicates otherwise:
24 "Acquiring agency." Any entity, including the Commonwealth,
25 vested with the power of eminent domain by the laws of this
26 Commonwealth. For purposes of Chapter 9 (relating to special
27 damages for displacement), the term shall also include other
28 agencies or persons which are carrying out a program or project
29 to the extent that they cause a person to become a displaced
30 person.
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1 "Acquisition cost." General damages or, in the event of
2 amicable acquisition, the price paid by the acquiring agency.
3 "Appraisal." A written statement independently and
4 impartially prepared by a qualified appraiser which sets forth
5 an opinion of defined value of an adequately described property
6 as of a specific date and as supported by the presentation and
7 analysis of relevant market information.
8 "Assembled economic unit doctrine." A principle that allows
9 compensation for certain machinery, equipment and fixtures when
10 the nature of a condemnee's business requires a unique building
11 for its operation and no other building within a reasonable
12 distance is adaptable to the functioning of the business so that
13 machinery, equipment and fixtures which are vital to the
14 economic unit and a permanent installation therein will be
15 considered a part of the real estate of the condemned property.
16 "Business." Any lawful activity, except a farm operation,
17 conducted:
18 (1) primarily for the purchase, sale, lease or rental of
19 personal or real property or for the manufacture, processing
20 or marketing of products, commodities or any other personal
21 property;
22 (2) primarily for the sale of services to the public;
23 (3) by a nonprofit organization; or
24 (4) solely for the purpose of qualification for damages
25 under section 901(a) and (b)(1) and (4) (relating to moving,
26 business dislocation and related expenses of displaced
27 persons) for assisting in the purchase, sale, resale,
28 manufacture, processing or marketing of products,
29 commodities, personal property or services by the erection
30 and maintenance of an outdoor advertising display or displays
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1 whether or not such displays are located on the premises on
2 which any of the above activities are conducted.
3 "Comparable replacement dwelling." A dwelling that is:
4 (1) Decent, safe and sanitary.
5 (2) Adequate in size to accommodate the occupants.
6 (3) Within the financial means of the displaced person.
7 (4) Functionally equivalent.
8 (5) In an area not subject to unreasonable adverse
9 environmental conditions.
10 (6) In a location generally not less desirable than the
11 location of the displaced person's dwelling with respect to
12 public utilities, facilities, services and the displaced
13 person's place of employment.
14 "Condemn." To take, injure or destroy private property by
15 authority of law for a public purpose.
16 "Condemnee." The owner of a property interest taken, injured
17 or destroyed. The term excludes a mortgagee, judgment creditor
18 or other lienholder.
19 "Condemnor." The acquiring agency, including the
20 Commonwealth, that takes, injures or destroys private property
21 by authority of law for a public purpose.
22 "Court." The court of common pleas.
23 "Declaration of taking." A legal document initiating the
24 condemnation procedure that is required to be filed by a
25 condemnor in the court of common pleas in the county wherein all
26 or part of the property to be condemned is situated.
27 "Displaced person."
28 (1) A condemnee or other person who moves from real
29 property or moves his personal property from real property:
30 (i) as a direct result of a written notice of intent
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1 to acquire or the acquisition of the real property, in
2 whole or in part, for a program or project undertaken by
3 an acquiring agency; or
4 (ii) on which such person is a residential tenant or
5 conducts a small business, a farm operation or a
6 business, as defined in paragraph (4) of the definition
7 for business in this section, as a direct result of
8 rehabilitation, demolition or such other displacing
9 activity under a program or project undertaken by an
10 acquiring agency in any case in which the displacement is
11 permanent.
12 (2) Solely for the purpose of section 901(a) (relating
13 to moving, business dislocation and related expenses of
14 displaced persons), any person who moves from real property
15 or moves his personal property:
16 (i) as a direct result of a written notice of intent
17 to acquire or the acquisition of other real property, in
18 whole or in part, on which such person conducts a
19 business or farm operation for a program or project
20 undertaken by an acquiring agency; or
21 (ii) as a direct result of rehabilitation,
22 demolition or other displacing activity of other real
23 property on which such person conducts a business or a
24 farm operation under a program or project undertaken by
25 an acquiring agency where the displacement is permanent.
26 (3) A person that was in occupancy of the real property
27 on or before the date of acquisition, notwithstanding the
28 termination or expiration of a lease entered into before or
29 after the event giving rise to the displacement.
30 (4) This term excludes the following:
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1 (i) A person that unlawfully occupies the
2 displacement dwelling or occupied the dwelling for the
3 purpose of obtaining assistance under this title.
4 (ii) In any case in which the acquiring agency
5 acquires real property for a program or project, a
6 person, other than a person that was an occupant of the
7 property at the time it was acquired, who occupies the
8 property on a rental basis for a short term or a period
9 subject to termination when the property is needed for
10 the program or project.
11 "Farm operation." Any activity conducted solely or primarily
12 for the production of one or more agricultural products or
13 commodities, including timber, for sale or home use, and
14 customarily producing these products or commodities in
15 sufficient quantity to be capable of contributing materially to
16 the operator's support.
17 "Farmhouse." The residential part of a farm operation.
18 "Fixture." An article in the nature of personal property
19 which has been so annexed to realty that it is regarded as part
20 of such realty.
21 "Highest and best use." A consideration when calculating
22 reasonably available utility of a property and the value of that
23 utility.
24 "Just compensation." The difference between the fair market
25 value of a condemnee's entire property interest immediately
26 before a condemnation and as unaffected thereby and the fair
27 market value of that property interest remaining immediately
28 after such condemnation and as affected thereby, and any other
29 damages as provided in this title.
30 "Natural disaster." A disaster officially declared as a
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1 natural disaster by the Governor.
2 "Personal property." Any tangible property not considered to
3 be real property for purposes of general damages under the laws
4 of this Commonwealth.
5 "Preliminary objection." A legal document that may be filed
6 in a court in order to challenge a declaration of taking or a
7 petition for the appointment of a board of viewers.
8 "Program." Any program undertaken by or for an acquiring
9 agency as to which it has the authority to exercise the power of
10 eminent domain.
11 "Project." Any project undertaken by or for an acquiring
12 agency as to which it has the authority to exercise the power of
13 eminent domain.
14 "Small business." A business that has fewer than 501
15 employees who are:
16 (1) working at the site being acquired; or
17 (2) permanently displaced by a program or project.
18 "Unity of use." A legal principle to determine general
19 damages whereby noncontiguous tracts of land in close proximity
20 are treated as one when they are so inseparably connected in the
21 use to which they are applied that injury to one will
22 necessarily and permanently injure the other.
23 "Writ of possession." An order issued by a court granting a
24 condemnor the right to possess condemned property.
25 CHAPTER 3
26 PROCEDURE TO CONDEMN
27 Sec.
28 301. Venue.
29 302. Condemnation; passage of title; declaration of taking.
30 303. Security required.
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1 304. Recording notice of condemnation.
2 305. Notice to condemnee.
3 306. Preliminary objections.
4 307. Possession, right of entry and payment of compensation.
5 308. Revocation of condemnation proceedings.
6 309. Right to enter property prior to condemnation.
7 310. Abandonment of project.
8 § 301. Venue.
9 All condemnation proceedings shall be brought in the court of
10 the county in which the property is located or, if the property
11 is located in two or more counties, in the court of any one of
12 the counties. Where the property is located in two or more
13 counties and a proceeding is commenced in the court of one of
14 the counties, all subsequent proceedings regarding the same
15 property shall be brought in the same county.
16 § 302. Condemnation; passage of title; declaration of taking.
17 (a) Condemnation and passage of title.--Condemnation under
18 the power of condemnation given by law to a condemnor shall be
19 effected only by the filing in court of a declaration of taking
20 with the security required under section 303(a) (relating to
21 security required). The title which the condemnor acquires in
22 the property condemned shall pass to the condemnor on the date
23 of the filing, and the condemnor shall be entitled to possession
24 under section 307 (relating to possession, right of entry and
25 payment of compensation).
26 (b) Contents.--The declaration of taking shall be written,
27 executed by the condemnor and captioned as a proceeding in rem
28 and contain the following:
29 (1) The name and address of the condemnor.
30 (2) A specific reference to the statute and section
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1 under which the condemnation is authorized.
2 (3) A specific reference to the action, whether by
3 ordinance, resolution or otherwise, by which the declaration
4 of taking was authorized, including the date when the action
5 was taken and the place where the record may be examined.
6 (4) A brief description of the purpose of the
7 condemnation.
8 (5) A description of the property condemned, sufficient
9 for identification, specifying the municipal corporation or
10 school district and the county or counties where the property
11 taken is located, a reference to the place of recording in
12 the office of the recorder of deeds of plans showing the
13 property condemned or a statement that plans showing the
14 property condemned are on the same day being lodged for
15 record or filed in the office of the recorder of deeds in the
16 county in accordance with section 304 (relating to recording
17 notice of condemnation).
18 (6) A statement of the nature of the title acquired, if
19 any.
20 (7) A statement specifying where a plan showing the
21 condemned property may be inspected in the county in which
22 the property taken is located.
23 (8) A statement of how just compensation has been made
24 or secured.
25 (c) More than one property included in declaration.--The
26 condemnor may include in one declaration of taking any or all of
27 the properties specified in the action by which the declaration
28 of taking was authorized.
29 (d) Fee.--The prothonotary shall charge one fee for filing
30 each declaration of taking, which shall be the same regardless
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1 of the number of properties or condemnees included.
2 (e) Filing.--Within one year of the action authorizing the
3 declaration of taking, the condemnor shall file a declaration of
4 taking covering all properties included in the authorization not
5 otherwise acquired by the condemnor within this time.
6 § 303. Security required.
7 (a) Bond.--Except as provided in subsection (b), every
8 condemnor shall give security to effect the condemnation by
9 filing with the declaration of taking its bond, without surety,
10 to the Commonwealth for the use of the owner of the property
11 interests condemned, the condition of which shall be that the
12 condemnor shall pay the damages determined by law.
13 (b) Pledge of tax revenues.--Where a condemnor has the power
14 of taxation, it shall not be required to file a bond with the
15 declaration of taking. The funds raised or authorized by law to
16 be raised by the power of taxation of the condemnor shall be
17 deemed pledged and are made security for the payment of the
18 damages determined by law.
19 (c) Insufficient security.--The court, upon preliminary
20 objections of the condemnee under and within the time set forth
21 in section 306(a) (relating to preliminary objections), may
22 require the condemnor to give bond and security as the court
23 deems proper if it appears to the court that the bond or power
24 of taxation of the condemnor is insufficient security.
25 § 304. Recording notice of condemnation.
26 (a) County of recording.--The condemnor, upon filing its
27 declaration of taking, shall on the same day record a notice of
28 the declaration in the office of the recorder of deeds of the
29 county in which the property is located. If the property is
30 located in two or more counties, the notice shall be recorded in
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1 each county.
2 (b) Notice and recording requirements.--The notice shall
3 specify the court term and number of the declaration of taking
4 and the date it was filed and shall contain a description or
5 plan of the property condemned sufficient for identification and
6 the names of the owners of the property interests condemned, as
7 reasonably known to the condemnor, and shall be indexed in the
8 deed indices showing the condemnee set forth in the notice as
9 grantor and the condemnor as grantee. If plans are to be
10 recorded as part of the notice, they shall be submitted on
11 standard legal-size paper. If plans are to be filed as part of
12 the notice, they shall be in legible scale and filed in a
13 condemnation book or file or microfilmed with a notation as to
14 the condemnation book and page number, file number or microfilm
15 number to be made by the recorder on the margin of the notice.
16 Upon the notice being assigned a book and page number by the
17 recorder of deeds, the condemnor shall file with the
18 prothonotary under the caption of the declaration of taking a
19 memorandum of the book and page number in which the notice is
20 recorded.
21 (c) Fees.--The recorder shall receive as a fee for recording
22 each notice the sums as provided by the act of June 12, 1919
23 (P.L.476, No.240), referred to as the Second Class County
24 Recorder of Deeds Fee Law, and the act of April 8, 1982
25 (P.L.310, No.87), referred to as the Recorder of Deeds Fee Law.
26 § 305. Notice to condemnee.
27 (a) Written notice.--On the day of the filing of the
28 declaration of taking, the condemnor shall give written notice
29 of the filing to the condemnee, to any mortgagee of record and
30 to any lienholder of record.
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1 (b) Service.--Within or without this Commonwealth, the
2 notice shall be served by any competent adult in the same manner
3 as in a civil action or by registered mail to the last known
4 address of the person being served. If service cannot be made in
5 this manner, then service shall be made:
6 (1) within five days of receipt of notice that service
7 could not be made, by posting a copy of the notice upon the
8 most public part of the property; and
9 (2) by publication of a copy of the notice, omitting the
10 plot plan required by subsection (c)(8), one time each in one
11 newspaper of general circulation and the legal journal, if
12 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) That the condemnee's property has been condemned and
29 reasonably identify the property in the case of a total
30 taking and, in the case of a partial taking, a plot plan
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1 showing the condemnee's entire property and the area taken.
2 (9) The nature of the title acquired.
3 (10) Specifically where a plan showing the condemned
4 property may be inspected in the county in which the property
5 taken is located.
6 (11) How just compensation has been made or secured.
7 (12) That, if the condemnee wishes to challenge the
8 power or the right of the condemnor to appropriate the
9 condemned property, the sufficiency of the security, the
10 declaration of taking or any other procedure followed by the
11 condemnor, including, but not limited to, whether its
12 estimate of just compensation has been made in good faith, he
13 shall file preliminary objections within 30 days after being
14 served with notice of condemnation.
15 (13) A comprehensive description of the condemnation
16 process from beginning to end.
17 (14) An estimate of just compensation and a copy of each
18 appraisal upon which the condemnor based its estimate of just
19 compensation.
20 (d) Compliance.--Service of a copy of the declaration of
21 taking, together with the information and notice required by
22 subsection (c)(2), (8) and (12) shall constitute compliance with
23 the notice requirements of this section.
24 (e) Proof of service.--The condemnor shall file proof of
25 service of the notice.
26 § 306. Preliminary objections.
27 (a) Filing and exclusive method of challenging certain
28 matters.--Within 30 days after being served with notice of
29 condemnation, the condemnee may file preliminary objections to
30 the declaration of taking. Upon cause shown, the court may
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1 extend the time for filing preliminary objections. Preliminary
2 objections shall be limited to and be the exclusive method of
3 challenging:
4 (1) The power or right of the condemnor to appropriate
5 the condemned property unless it has been previously
6 adjudicated.
7 (2) The sufficiency of the security.
8 (3) The declaration of taking.
9 (4) Any other procedure followed by the condemnor,
10 including, but not limited to, whether its estimate of just
11 compensation has been made in good faith.
12 (b) Waiver.--Failure to preliminarily object to the issues
13 listed in subsection (a) shall constitute a waiver.
14 (c) Grounds to be stated.--Preliminary objections shall
15 state specifically the grounds relied on.
16 (d) When raised.--All preliminary objections shall be raised
17 at one time and in one pleading. They may be inconsistent.
18 (e) Service.--The condemnee shall serve a copy of the
19 preliminary objections on the condemnor within 72 hours after
20 filing them.
21 (f) Disposition.--The court shall promptly determine all
22 preliminary objections and must do so within 30 days of their
23 filing and make preliminary and final orders and decrees as
24 justice shall require, including the revesting of title if
25 appropriate. If an issue of fact is raised, the court shall take
26 evidence by depositions or otherwise. The court may allow
27 amendment or direct the filing of a more specific declaration of
28 taking.
29 (g) Costs, expenses and damages.--If preliminary objections
30 that have the effect of terminating the condemnation are
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1 sustained, the condemnee shall be reimbursed by the condemnor
2 for reasonable appraisal, attorney and engineering fees and
3 other costs and expenses actually incurred and for any damages
4 for losses sustained because of the condemnation proceedings.
5 These costs, expenses and damages shall be assessed by the court
6 unless within 30 days after the entry of the order sustaining
7 the preliminary objections either party demands a jury trial to
8 determine any damages for losses sustained by the condemnee.
9 § 307. Possession, right of entry and payment of compensation.
10 (a) Possession or right of entry of condemnor.--After the
11 expiration of the time for filing preliminary objections by the
12 condemnee to the declaration of taking, the condemnor shall be
13 entitled to possession or right of entry upon payment of, or a
14 written offer to pay the condemnee, the amount of just
15 compensation as estimated by the condemnor and based upon one or
16 more appraisals performed by the individual or individuals
17 certified under the act of July 10, 1990 (P.L.404, No.98), known
18 as the Real Estate Appraisers Certification Act. The court may
19 grant the condemnee a limited period of time to obtain an
20 appraisal of property value prior to allowing the condemnor to
21 exercise its right of possession or entry. However, the
22 condemnor shall be entitled to possession or right of entry upon
23 an easement without the payment of or offer to pay the estimated
24 just compensation if the condemnor has the right to assess the
25 property for benefits. If the condemnee or any other person then
26 refuses to deliver possession or permit right of entry, the
27 prothonotary upon praecipe of the condemnor shall issue a rule,
28 returnable in five days after service upon the condemnee or the
29 other person, to show cause why a writ of possession should not
30 issue. Unless preliminary objections warranting delay are
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1 pending, the court may issue a writ of possession conditioned
2 except as provided in this subsection upon payment to the
3 condemnee or into court of the estimated just compensation and
4 on any other terms as the court may direct.
5 (b) Tender of possession or right of entry by condemnee.--If
6 within 60 days from the filing of the declaration of taking the
7 condemnor has not paid just compensation as provided in
8 subsection (a), the condemnee may tender possession or right of
9 entry in writing and the condemnor shall then pay the just
10 compensation due the condemnee as estimated by the condemnor. If
11 the condemnor fails to pay, the court, upon petition of the
12 condemnee, may compel the condemnor to file a declaration of
13 estimated just compensation or, if the condemnor fails or
14 refuses to file the declaration, may at the cost of the
15 condemnor appoint an impartial expert appraiser to estimate just
16 compensation. After hearing, the court may enter judgment for
17 the amount of the estimated just compensation.
18 (c) Compensation without prejudice.--The compensation paid
19 under subsections (a) and (b) shall be without prejudice to the
20 rights of either the condemnor or the condemnee to proceed to a
21 final determination of the just compensation, and any payments
22 made shall be considered only as payments pro tanto of the just
23 compensation as finally determined. Following the rendition of
24 the verdict, the court shall mold the verdict to deduct the
25 estimated just compensation previously paid by the condemnor.
26 However, in no event shall the condemnee be compelled to pay
27 back to the condemnor the compensation paid under subsection (a)
28 or (b) even if the amount of just compensation as finally
29 determined is less than the compensation paid.
30 § 308. Revocation of condemnation proceedings.
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1 (a) Declaration of relinquishment.--The condemnor, by filing
2 a declaration of relinquishment in court within two years from
3 the filing of the declaration of taking and before having made
4 the payment provided in section 307(a) or (b) (relating to
5 possession, right of entry and payment of compensation) or as to
6 which the condemnee has not tendered possession of the condemned
7 property as provided in section 307, may relinquish all or any
8 part of the property condemned that it has not taken actual
9 possession of for use in the improvement. The title shall then
10 revest in the condemnee as of the date of the filing of the
11 declaration of taking and all mortgages and other liens existing
12 as of that date and not thereafter discharged shall be
13 reinstated.
14 (b) Notice.--Notice of the relinquishment shall be recorded
15 in the office of the recorder of deeds of the county in which
16 the property taken is located, with the condemnor as the grantor
17 and the condemnee as the grantee, and the notice of the
18 relinquishment shall be served on the condemnee, any mortgagee
19 of record and any lienholder of record in the same manner as
20 provided for service of the declaration of taking.
21 (c) Fees.--The fees payable to the recorder for recording
22 the notice of relinquishment shall be in the same amounts as
23 provided in section 304(c) (relating to recording notice of
24 condemnation).
25 (d) Costs, expenses and damages.--Where condemned property
26 is relinquished, the condemnee shall be reimbursed by the
27 condemnor for reasonable costs, expenses and damages as provided
28 in section 306(g) (relating to preliminary objections).
29 (e) Agreement.--Without the filing of a declaration of
30 relinquishment, the condemnor and the condemnee may agree to
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1 revest title in the condemnee which agreement shall be properly
2 recorded.
3 § 309. Right to enter property prior to condemnation.
4 Prior to the filing of the declaration of taking, the
5 condemnor or its employees or agents shall have the right to
6 enter upon any land or improvement which it has the power to
7 condemn in order to study, survey, test, sound and appraise. The
8 owner of the land or the party in whose name the property is
9 assessed shall be notified at least 20 days prior to entry on
10 the property. Any actual damages sustained by the owner of a
11 property interest in the property entered upon by the condemnor
12 shall be paid by the condemnor and shall be assessed by the
13 court in the same manner as provided in section 306(g) (relating
14 to preliminary objections) or by the viewers. The exercise of
15 this right of entry by the condemnor shall neither constitute a
16 condemnation nor be interpreted as a notice of an intent to
17 acquire the real property.
18 § 310. Abandonment of project.
19 (a) Disposition of property.--If a condemnor has condemned a
20 property and then abandons the purpose for which the property
21 has been condemned, the condemnor may dispose of it by sale or
22 otherwise. If the property has not been substantially improved,
23 it may not be disposed of within three years after condemnation
24 without first being offered to the condemnee at a price not to
25 exceed the price paid to the condemnee by the condemnor. If the
26 property is not located within the corporate boundaries of a
27 county of the first or second class and has not been
28 substantially improved and was devoted to agricultural use at
29 the time of the condemnation, it may not be disposed of within
30 12 years after condemnation without first being offered to the
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1 condemnee at a price not to exceed the price paid to the
2 condemnee by the condemnor. The price of the offer to the
3 condemnee may be adjusted below the price paid to the condemnee
4 by the condemnor to reflect depreciation or any other decrease
5 in value.
6 (b) Notice.--The condemnee shall be served with notice of
7 the offer in the same manner as prescribed for the service of
8 notices in section 305(b) (relating to notice to condemnee) and
9 shall have 90 days after receipt of notice to accept in writing.
10 (c) Certain conditional offers prohibited.--The condemnor
11 may not condition any offer required to be made to a condemnee
12 under subsection (a) on the payment by the condemnee of
13 additional fees, real estate taxes or payments in lieu of taxes
14 or other costs.
15 (d) Definitions.--As used in this section, the following
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "Agricultural commodity." Any plant and animal products,
19 including Christmas trees, produced in this Commonwealth for
20 commercial purposes.
21 "Agricultural use." Use of the land for the purpose of
22 producing an agricultural commodity or when devoted to and
23 meeting the requirements and qualifications for payments or
24 other compensation pursuant to a soil conservation program under
25 an agreement with an agency of the Federal Government. Land
26 containing a farmhouse or other buildings related to farming
27 shall be deemed to be in agricultural use.
28 CHAPTER 5
29 PROCEDURE FOR DETERMINING DAMAGES
30 Sec.
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1 501. Agreement as to damages.
2 502. Petition for appointment of viewers.
3 503. View.
4 504. Appointment of viewers.
5 505. Service of notice of view and hearing.
6 506. Additional condemnees, mortgagees and intervention.
7 507. Joint claims.
8 508. Appointment of trustee or guardian ad litem.
9 509. Furnishing of plans to viewers.
10 510. Powers of viewers.
11 511. Administrative matters for viewers' hearings.
12 512. Report of viewers.
13 513. Disagreement.
14 514. Filing of report of viewers.
15 515. Reports.
16 516. Right of appeal.
17 517. Appeals.
18 518. Disposition of appeal.
19 519. Allocation of damages.
20 520. Waiver of viewers' proceedings and termination by
21 stipulation.
22 521. Liens and distribution of damages.
23 522. Payment into court and distribution.
24 § 501. Agreement as to damages.
25 At any stage of the proceedings, the condemnor and the
26 condemnee may agree upon all or any part or item of the damages
27 and proceed to have those parts or items not agreed upon
28 assessed as provided in this chapter. The condemnor may pay any
29 part or item agreed upon.
30 § 502. Petition for appointment of viewers.
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1 (a) Contents of petition.--A condemnor, condemnee or
2 displaced person may file a petition requesting the appointment
3 of viewers, setting forth:
4 (1) A caption designating the condemnee or displaced
5 person as the plaintiff and the condemnor as the defendant.
6 (2) The date of the filing of the declaration of taking
7 and whether any preliminary objections have been filed and
8 remain undisposed of.
9 (3) In the case of a petition of a condemnee or
10 displaced person, the name of the condemnor.
11 (4) The names and addresses of all condemnees, displaced
12 persons and mortgagees known to the petitioner to have an
13 interest in the property acquired and the nature of their
14 interest. Claims relating to unity of use may be presented
15 regardless of whether such claims were previously disclosed.
16 (5) A brief description of the property acquired.
17 (6) A request for the appointment of viewers to
18 ascertain just compensation.
19 (b) Property included in condemnor's petition.--The
20 condemnor may include in its petition any or all of the property
21 included in the declaration of taking.
22 (c) Condemnations where no declaration of taking has been
23 filed.--An owner of a property interest who asserts that his
24 property interest has been condemned without the filing of a
25 declaration of taking may file a petition for the appointment of
26 viewers substantially in the form provided for in subsection (a)
27 setting forth the factual basis of the petition. The court shall
28 determine whether a condemnation has occurred, and, if the court
29 determines that a condemnation has occurred, the court shall
30 determine the condemnation date and the extent and nature of any
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1 property interest condemned. The court shall enter an order
2 specifying any property interest which has been condemned and
3 the date of the condemnation. A copy of the order and any
4 modification shall be filed by the condemnor in the office of
5 the recorder of deeds of the county in which the property is
6 located and shall be indexed in the deed indices showing the
7 condemnee as grantor and the condemnor as grantee.
8 (d) Separate proceedings.--In furtherance of convenience or
9 to avoid prejudice, the court may, on its own motion or on
10 motion of any party, order separate viewers' proceedings or
11 trial when more than one property has been included in the
12 petition.
13 § 503. View.
14 In every proceeding at least one of the viewers appointed
15 shall be an attorney at law who shall be chairman of the board.
16 All the viewers shall view the property in question.
17 § 504. Appointment of viewers.
18 (a) General rule.--Unless preliminary objections to the
19 validity of the condemnation or jurisdiction are pending and
20 warrant delay, the court, upon the filing of a petition for the
21 appointment of viewers, shall promptly appoint five viewers, who
22 shall view the premises, hold hearings and file a report. At
23 least two of the five appointees shall possess experience in
24 real estate or land development or management. In counties of
25 the first class, the court may appoint an alternate viewer in
26 addition to the five viewers specifically appointed. The
27 prothonotary shall promptly notify the viewers of their
28 appointment unless a local rule provides another method of
29 notification. No viewer shall represent a client or testify as
30 an expert witness before the board.
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1 (b) Service of petition for the appointment of viewers and
2 order appointing viewers.--The petitioners shall promptly send
3 to all other parties by registered mail, return receipt
4 requested, a certified true copy of the petition for the
5 appointment of viewers and a copy of the court order appointing
6 the viewers if an order has been entered. A copy of the petition
7 and order, if entered, shall also be mailed to all mortgagees
8 and other lienholders of record.
9 (c) Notice of views and hearings.--The viewers shall give
10 notice of the time and place of all views and hearings. This
11 notice shall be given to all parties by not less than 30 days'
12 written notice by registered mail, return receipt requested.
13 (d) Preliminary objections.--Any objection to the
14 appointment of viewers may be raised by preliminary objections
15 filed within 30 days after receipt of notice of the appointment
16 of viewers. Objections to the form of the petition or the
17 appointment or the qualifications of the viewers in any
18 proceeding or to the legal sufficiency or factual basis of a
19 petition filed under section 502(c) (relating to petition for
20 appointment of viewers) are waived unless included in
21 preliminary objections. An answer with or without new matter
22 must be filed within 20 days of service of preliminary
23 objections, and a reply to new matter must be filed within 20
24 days of service of the answer. The court shall determine all
25 preliminary objections within 90 days of filing and make any
26 orders and decrees as justice requires. If an issue of fact is
27 raised, the court shall conduct an evidentiary hearing or order
28 that evidence be taken by deposition or otherwise but in no
29 event shall evidence be taken by the viewers on this issue.
30 § 505. Service of notice of view and hearing.
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1 Within or without this Commonwealth, notice of the view and
2 hearing shall be served by any competent adult in the same
3 manner as a civil action or by registered mail, return receipt
4 requested, to the last known address of the condemnee and
5 condemnor. If service cannot be made in the manner provided,
6 then service shall be made by posting a copy of the notice upon
7 a public part of the property and by publication, at the cost of
8 the condemnor, once in a newspaper of general circulation and
9 once in the legal publication, if any, designated by rule or
10 order of court for publication of legal notices, published in
11 the county. Proof of service and the manner of service shall be
12 attached to the viewers' report.
13 § 506. Additional condemnees, mortgagees and intervention.
14 (a) Identification.--At or before the hearing at which his
15 claim is presented, the condemnee shall furnish the viewers and
16 the condemnor with the names and addresses of all other
17 condemnees known to the condemnee to have an interest in his
18 property and the nature of their interests and the names and
19 addresses of all mortgagees and lienholders of record known to
20 the condemnee.
21 (b) Notice.--The viewers shall notify by written notice all
22 persons whose names are disclosed under subsection (a) of the
23 pendency of the proceedings and of subsequent hearings. If these
24 persons have not received 20 days' notice of the hearing, the
25 viewers shall, upon request, adjourn the hearing to allow
26 notice.
27 (c) Intervention.--The court may permit a mortgagee,
28 judgment creditor or other lienholder to intervene in the
29 proceedings where his interest is inadequately protected, but he
30 shall not be a party to the proceedings unless he has
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1 intervened.
2 § 507. Joint claims.
3 (a) Required.--The claims of all the owners of the condemned
4 property, including joint tenants, tenants in common, life
5 tenants, remaindermen, owners of easements or ground rents and
6 all others having an interest in the property and the claims of
7 all tenants, if any, of the property, shall be heard or tried
8 together.
9 (b) Apportionment of damages.--The award of the viewers or
10 the verdict on appeal from the viewers shall, first, fix the
11 total amount of damages for the property and, second, apportion
12 the total amount of damages between or among the several
13 claimants entitled to damages.
14 (c) Separate hearings.--Claims for special damages under
15 section 901 (relating to moving, business dislocation and
16 related expenses of displaced persons) may be heard or tried
17 separately.
18 § 508. Appointment of trustee or guardian ad litem.
19 The court on its own motion may, or on petition of any party
20 in interest shall, appoint a trustee ad litem or guardian ad
21 litem as may be appropriate in accordance with general rules.
22 § 509. Furnishing of plans to viewers.
23 At or before the view, the condemnor shall furnish the
24 viewers a plan showing the entire property involved, the
25 improvements, the extent and nature of the condemnation and any
26 other physical data, including grades, as may be necessary for
27 the proper determination of just compensation. If in the opinion
28 of the viewers the plans are insufficient, they may require the
29 submission of supplemental plans. Copies of the plans shall be
30 furnished at the same time without cost to the condemnee upon
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1 written request. If the condemnor does not furnish a plan or the
2 condemnor's plans are insufficient, the court, upon application
3 of the condemnee, shall require the condemnor to pay reasonable
4 expenses for plans furnished by the condemnee.
5 § 510. Powers of viewers.
6 The viewers shall have power to adjourn the proceedings from
7 time to time. Upon request of the viewers or a party, the court
8 which appointed the viewers shall issue a subpoena to testify or
9 to produce books and documents. All the viewers shall act unless
10 prevented by sickness or other unavoidable cause, but a majority
11 of the viewers may hear, determine, act upon and report all
12 matters relating to the view for which they were appointed. The
13 provisions of this section shall not be affected by the
14 appointment of an alternate viewer as provided for in section
15 504 (relating to appointment of viewers).
16 § 511. Administrative matters for viewers' hearings.
17 (a) Facilities.--All viewers' hearings shall be held
18 publicly in a suitable place within the county designated by the
19 court.
20 (b) Stenographic notes.--At the request of the viewers or
21 any of the parties, accurate stenographic notes of hearings
22 shall be taken with costs borne by the court. Copies of the
23 notes shall be furnished to the parties upon payment of a sum
24 fixed by the rules and regulations of the respective court.
25 § 512. Report of viewers.
26 The viewers shall file a report which shall include in brief
27 and concise paragraph form:
28 (1) The date of their appointment as viewers.
29 (2) A reference to the notices of the time and place of
30 view and hearing with proof of service of notices, which
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1 shall be attached to the report.
2 (3) A copy of the plan showing the extent of the taking
3 or injury upon which the viewer's award is predicated and a
4 statement of the nature of the interest condemned.
5 (4) The date of the filing of the declaration of taking.
6 Where no declaration was filed, the report shall include the
7 date of condemnation as determined by the court and specified
8 in its order under section 502(c) (relating to petition for
9 appointment of viewers).
10 (5) A schedule of damages awarded and benefits assessed,
11 to and by whom payable, and for which property, separately
12 stated as follows: general damages, moving and removal
13 expenses, business dislocation damages and other items of
14 special damages authorized by this title and the date from
15 which damages for delay shall be calculated.
16 (6) In the case of a partial taking, a statement as to
17 the amount of the general damages attributable as severance
18 damages to the part of the property not taken if the
19 apportionment has been requested in writing by the condemnee.
20 (7) Where there are several interests in the condemned
21 property, a statement of the total amount of damages and the
22 distribution between or among the several claimants.
23 (8) Whether there are other claimants to any interest or
24 estate in the property condemned and the viewers'
25 determination of the extent, if any, of each interest in the
26 property and in the award.
27 (9) Their rulings on any written requests for findings
28 of fact and conclusions of law submitted to them.
29 (10) Other matters they deem relevant.
30 § 513. Disagreement.
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1 If a majority of the viewers do not agree on a decision, five
2 new viewers shall be appointed by the court upon application of
3 any interested party.
4 § 514. Filing of report of viewers.
5 (a) Time for filing.--The viewers shall file their report
6 within 30 days of their final hearing or within 30 days from the
7 filing of transcription of the stenographic notes of testimony.
8 The transcription shall be filed within 30 days of the final
9 hearing.
10 (b) Finality.--Ten days before the filing of their report,
11 the viewers shall mail a copy of the report to all parties or
12 their attorneys of record, with notice of the date of the
13 intended filing and that the report shall become final unless an
14 appeal is filed within 30 days from the date the report is
15 filed. Prior to the filing of their report, the viewers may
16 correct any errors in the report and notify the persons
17 affected. A copy of the report, when filed, shall also be mailed
18 to all mortgagees of record and other lienholders of record.
19 § 515. Reports.
20 The viewers may include in one report one or more properties
21 or claims under section 901 (relating to moving, business
22 dislocation and related expenses of displaced persons) referred
23 to them under the same or separate petitions provided such
24 properties are included in the declaration of taking. The
25 viewers may file a separate report for removal expenses,
26 business dislocation damages and moving expenses. Each such
27 report shall be final as to the property or properties included
28 therein and subject to separate appeal.
29 § 516. Right of appeal.
30 (a) General rule.--Any party aggrieved by the decision of
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1 the viewers may appeal to the court. The appeal shall raise all
2 objections of law or fact to the viewers' report. The appeal
3 shall be signed by the appellant or his attorney or his agent,
4 and no verification shall be required. Any award of damages or
5 assessment of benefits, as the case may be, as to which no
6 appeal is taken shall become final as of course and shall
7 constitute a final judgment.
8 (b) Consolidation.--The court on its own motion or on
9 application of any party in interest may consolidate separate
10 appeals involving only common questions of law as one
11 proceeding.
12 (c) Cross appeals.--If a timely appeal is filed by a party,
13 any other party may file an appeal within 15 days of the date on
14 which the first appeal was filed. An appeal may be taken from
15 less than all of an award.
16 (d) Withdrawal.--No appeal may be withdrawn without the
17 consent of all parties.
18 § 517. Appeals.
19 (a) Contents.--The appeal shall set forth:
20 (1) The name of appellant and appellee.
21 (2) A brief description or identification of the
22 property involved and the condemnee's interest.
23 (3) A reference to the proceedings appealed from and the
24 date of the filing of the viewers' report.
25 (4) Objections, if any, to the viewers' report, other
26 than to the amount of the award.
27 (5) A demand for jury trial, if desired. If the
28 appellant desires a jury trial, he shall at the time of
29 filing the appeal endorse the appeal or file separately a
30 written demand for jury trial, signed by him or counsel. If
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1 no demand for jury trial is made by the appellant, any other
2 party may file a written demand for jury trial within 15 days
3 after being served with a copy of the appeal. If no party
4 demands a jury trial as provided in this section, the right
5 to jury trial shall be deemed to have been waived, and the
6 court shall try the case without a jury.
7 (b) Service.--The appellant shall serve a copy of the appeal
8 on all other parties within five days after filing the appeal.
9 Proof of service of a copy of the appeal shall be filed by the
10 appellant.
11 (c) Other pleadings not required.--No other pleadings shall
12 be required and the cause shall be deemed at issue.
13 § 518. Disposition of appeal.
14 All objections, other than to the amount of the award, raised
15 by the appeal shall be determined by the court preliminarily.
16 The court may confirm, modify or change the report or refer it
17 back to the same or other viewers. A decree confirming,
18 modifying or changing the report constitutes a final order. The
19 amount of damages shall be determined by the court unless a jury
20 trial has been demanded. At the trial of the case, the condemnee
21 shall be the plaintiff and the condemnor shall be the defendant.
22 § 519. Allocation of damages.
23 (a) Severance damages.--At the request of the plaintiff upon
24 appeal from an award of viewers and after the jury, or the court
25 if the trial is without jury, has returned its general verdict,
26 the court shall specifically find and allocate the amount of the
27 general verdict attributable to severance damages to the part of
28 the property not taken.
29 (b) Other damages.--The jury, or the court in a trial
30 without a jury, shall make specific findings as to the portion
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1 of the verdict allocated to general damages, moving and removal
2 expenses, business dislocation damages and other items of
3 special damages authorized by this title, except reasonable
4 appraisal, attorney and engineering fees recoverable under
5 sections 306 (relating to preliminary objections), 308 (relating
6 to revocation of condemnation proceedings), 709 (relating to
7 condemnee's costs where no declaration of taking filed) and 710
8 (relating to limited reimbursement of appraisal, attorney and
9 engineering fees), which shall be determined by the court in an
10 appropriate case.
11 § 520. Waiver of viewers' proceedings and termination by
12 stipulation.
13 (a) Waiver of viewers' proceedings.--By written agreement
14 filed with and approved by the court, the condemnor and
15 condemnee may waive proceedings before viewers and proceed
16 directly to the court on agreed issues of law or fact. The
17 proceedings shall then be the same as on appeal from a report of
18 viewers.
19 (b) Termination by stipulation.--By stipulation filed with
20 the prothonotary at any time after the filing of a petition for
21 the appointment of viewers, the parties may terminate the
22 viewers' proceedings as to all or part of the properties
23 involved and stipulate that judgment may be entered for the
24 amount of damages agreed on for each property interest covered
25 by the stipulation. A copy of the stipulation shall be filed
26 with the viewers.
27 § 521. Liens and distribution of damages.
28 (a) Liens.--Damages payable to a condemnee under sections
29 701 (relating to just compensation) through 707 (relating to
30 removal of machinery, equipment or fixtures, 713 (relating to
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1 delay compensation) through 715 (relating to damages for
2 vacation of roads) and 901(b)(1) and (2) (relating to moving,
3 business dislocation and related expenses of displaced persons)
4 shall be subject to a lien for all taxes and municipal claims
5 assessed against the property and to all mortgages, judgments
6 and other liens of record against the property for which the
7 particular damages are payable, existing at the date of the
8 filing of the declaration of taking. Unless released, the liens
9 shall be paid out of the damages in order of priority before any
10 payment to the condemnee. In the case of a partial taking or of
11 damages under sections 714 (relating to consequential damages)
12 and 715, the lienholder shall be entitled only to an equitable
13 pro rata share of the damages lienable under this section.
14 (b) Distribution of damages.--It is the obligation of the
15 condemnor to distribute the damages properly. If the condemnor
16 is unable to determine proper distribution of the damages, it
17 may, without payment into court, petition the court to
18 distribute the damages and shall furnish the court with a
19 schedule of proposed distribution. Notice of the filing of the
20 petition and schedule of proposed distribution shall be given to
21 all condemnees, mortgagees, judgment creditors and other
22 lienholders, as shown in the proposed schedule, in any manner as
23 the court may direct by general rule or special order. The court
24 may hear the matter or may appoint a master to hear and report
25 or may order any issue tried by the court and jury as may appear
26 proper under all the circumstances.
27 § 522. Payment into court and distribution.
28 (a) Payment into court.--Upon refusal to accept payment of
29 the damages or of the estimated just compensation under section
30 307 (relating to possession, right of entry and payment of
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1 compensation) or if the party entitled thereto cannot be found
2 or, if for any other reason the amount cannot be paid to the
3 party entitled thereto, the court upon petition of the
4 condemnor, which shall include a schedule of proposed
5 distribution, may direct payment and costs into court or as the
6 court may direct in full satisfaction. The condemnor shall give
7 20 days' notice of the presentation of the petition, including a
8 copy of the schedule of the proposed distribution, to all
9 parties in interest known to the condemnor in any manner as the
10 court may direct by general rule or special order. If the court
11 is satisfied in a particular case that the condemnor failed to
12 use reasonable diligence in giving notice and any party in
13 interest adversely affected by the failure to give notice so
14 petitions, the court may order that compensation for delay in
15 payment be awarded to the party for the period after deposit in
16 court by the condemnor under this section under the time the
17 party in interest has received a distribution of funds under
18 this section.
19 (b) Distribution.--Upon petition of any party in interest,
20 the court shall distribute the funds paid under subsection (a)
21 or any funds deposited in court under section 307 to the persons
22 entitled thereto in accordance with the procedure in section 521
23 (relating to liens and distribution of damages), but, if no
24 petition is presented within a period of five years of the date
25 of payment into court, the court shall order the fund or any
26 balance remaining to be paid to the Commonwealth without
27 escheat. No fee shall be charged against these funds.
28 CHAPTER 7
29 JUST COMPENSATION AND MEASURE OF DAMAGES
30 Sec.
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1 701. Just compensation.
2 702. Measure of damages.
3 703. Fair market value.
4 704. Effect of imminence of condemnation.
5 705. Contiguous tracts and unity of use.
6 706. Effect of condemnation use on after value.
7 707. Removal of machinery, equipment or fixtures.
8 708. Expenses incidental to transfer of title.
9 709. Condemnee's costs where no declaration of taking filed.
10 710. Limited reimbursement of appraisal, attorney and
11 engineering fees.
12 711. Payment on account of increased mortgage costs.
13 712. Loss of rentals due to imminence of condemnation.
14 713. Delay compensation.
15 714. Consequential damages.
16 715. Damages for vacation of roads.
17 716. Attempted avoidance of monetary just compensation.
18 § 701. Just compensation.
19 The condemnee shall be entitled to just compensation for the
20 taking, injury or destruction of his property determined as set
21 forth in this chapter.
22 § 702. Measure of damages.
23 (a) Just compensation.--Just compensation shall consist of
24 the difference between the fair market value of the condemnee's
25 entire property interest immediately before the condemnation and
26 as unaffected by the condemnation, and the fair market value of
27 his property interest remaining immediately after the
28 condemnation and as affected by the condemnation, and any other
29 damages as provided in this title.
30 (b) Urban development or redevelopment condemnation.--In the
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1 case of the condemnation of property in connection with any
2 urban development or redevelopment project, which property is
3 damaged by subsidence due to failure of surface support
4 resulting from the existence of mine tunnels or passageways
5 under the property or by reason of fires occurring in mine
6 tunnels or passageways or of burning coal refuse banks, the
7 damage resulting from this subsidence or underground fires or
8 burning coal refuse banks shall be excluded in determining the
9 fair market value of the condemnee's entire property interest
10 immediately before the condemnation.
11 (c) Value of property damaged by natural disaster.--In the
12 case of the condemnation of property in connection with any
13 program or project which property is damaged by any natural
14 disaster, the damage resulting from the natural disaster shall
15 be excluded in determining fair market value of the condemnee's
16 entire property interest immediately before the condemnation.
17 (d) Applicability of natural disaster provisions.--
18 Subsection (c) is applicable only where the damage resulting
19 from the natural disaster has occurred within five years prior
20 to the initiation of negotiations for or notice of intent to
21 acquire or order to vacate the property and during the ownership
22 of the property by the condemnee. The damage to be excluded
23 shall include only actual physical damage to the property for
24 which the condemnee has not received any compensation or
25 reimbursement.
26 § 703. Fair market value.
27 (a) General factors.--Fair market value shall be the price
28 which would be agreed to by a willing and informed seller and
29 buyer, taking into consideration, but not limited to, the
30 following factors:
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1 (1) The present use of the property and its value for
2 that use.
3 (2) The highest and best reasonably available use of the
4 property and its value for that use.
5 (3) The machinery, equipment and fixtures forming part
6 of the real estate taken.
7 (4) Other factors as to which evidence may be offered as
8 provided by Chapter 11 (relating to evidence).
9 (b) Assembled economic unit doctrine.--For purposes of
10 applying subsection (a)(3), the following paragraphs state the
11 assembled economic unit doctrine:
12 (1) Where a condemnation does not dislocate a business
13 or farm operation on a condemned property, only those items
14 of machinery, equipment and fixtures which are considered to
15 be such under traditional fixture law shall be considered as
16 part of the real estate.
17 (2) Only those items of machinery, equipment and
18 fixtures which are unremovable from the condemned structure
19 without injury to them shall be considered a part of the real
20 estate where a condemnation dislocates a business or farm
21 operation on a condemned property. All or most of the
22 machinery, equipment and fixtures of the economic unit shall
23 not be considered a part of the real estate where a
24 condemnation dislocates a business or farm operation on a
25 condemned property if:
26 (i) they are removable without significant injury to
27 them so that the economic unit can be continued as a
28 comparable economic unit in a new location; and
29 (ii) the nature of the business does not require a
30 unique building for its operation, so that no other
19990H2043B2611 - 36 -
1 building within a reasonable distance from where the
2 condemnee draws its patrons is adaptable to the
3 functioning of the business.
4 (3) Where a condemnation dislocates a business or farm
5 operation on a condemned property, all machinery, equipment
6 and fixtures, whether loose or fast, which are vital to the
7 economic unit and a permanent installation therein shall be
8 considered a part of the real estate of the condemned
9 property if:
10 (i) that portion of the machinery, equipment and
11 fixtures of the economic unit, which is removable from
12 the condemned property without injury to it, will not
13 constitute a comparable economic unit in a new location;
14 or
15 (ii) the nature of the business requires a unique
16 building for its operation and no other building within a
17 reasonable distance from where the condemnee draws its
18 patrons is adaptable to the functioning of the business,
19 even though all or most of the machinery, equipment and
20 fixtures are removable.
21 (4) Goods held for sale and other personal property
22 which would not be considered machinery, equipment or
23 fixtures under traditional fixture law are not machinery,
24 equipment or fixtures for purposes of this section but are
25 compensable only under section 901 (relating to moving,
26 business dislocation and related expenses of displaced
27 persons) relating to losses for tangible personal property.
28 (c) Relocation of business or farm operation.--Relocation of
29 business or farm operation is subject to the condemnee's
30 election to do so.
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1 § 704. Effect of imminence of condemnation.
2 Any change in the fair market value prior to the date of
3 condemnation which the condemnor or condemnee establishes was
4 substantially due to the general knowledge of the imminence of
5 condemnation, other than that due to physical deterioration of
6 the property within the reasonable control of the condemnee,
7 shall be disregarded in determining fair market value.
8 § 705. Contiguous tracts and unity of use.
9 Where all or a part of several contiguous tracts in
10 substantially identical ownership is condemned or a part of
11 several noncontiguous tracts in substantially identical
12 ownership which are used together for a unified purpose is
13 condemned, damages shall be assessed as if the tracts were one
14 parcel.
15 § 706. Effect of condemnation use on after value.
16 In determining the fair market value of the remaining
17 property after a partial taking, consideration shall be given to
18 the use to which the property condemned is to be put and the
19 damages or benefits specially affecting the remaining property
20 due to its proximity to the improvement for which the property
21 was taken. Consideration shall also be given to any time
22 discount, inconvenience or other effects of the construction
23 period, which would have materially affected the price which the
24 condemnee would have received had he sold the remaining property
25 to a third party immediately after the date of condemnation but
26 before completion of the improvement. Future damages and general
27 benefits which will affect the entire community beyond the
28 properties directly abutting the property taken shall not be
29 considered in arriving at the after value. Except in cases where
30 the condemnor is authorized under existing law to make special
19990H2043B2611 - 38 -
1 assessments for benefits, special benefits to the remaining
2 property may not exceed the total damages.
3 § 707. Removal of machinery, equipment or fixtures.
4 In the event the condemnor does not require for its use
5 machinery, equipment or fixtures forming part of the real
6 estate, it shall so notify the condemnee. Unless the time is
7 extended by the condemnor, the condemnee may elect within 30
8 days of the notice to remove the machinery, equipment or
9 fixtures. If the condemnee so elects, the damages shall be
10 reduced by the fair market value of the machinery, equipment or
11 fixtures severed from the real estate. This provision is
12 inapplicable when the assembled economic unit doctrine is
13 applicable under section 703(b) (relating to fair market value).
14 Regardless of the applicability of the assembled economic unit
15 doctrine, the condemnor's right to enter property prior to
16 condemnation under section 307 (relating to possession, right of
17 entry and payment of compensation) shall include the right to
18 enter for purposes of inventorying machinery, equipment and
19 fixtures, as well as goods held for sale and other personal
20 property. The property owner shall cooperate with the inventory
21 and may not place machinery, equipment and fixtures or goods
22 held for sale or other personal property on the property to be
23 condemned unless doing so is reasonable and in keeping with the
24 ordinary course of business and practices of the business or
25 farm operation conducted on the property to be condemned.
26 § 708. Expenses incidental to transfer of title.
27 On the date of payment of the purchase price of amicably
28 acquired real property or of payment or tender of estimated just
29 compensation in a condemnation proceeding to acquire real
30 property, whichever is earlier or as soon as is practical, any
19990H2043B2611 - 39 -
1 acquiring agency shall reimburse the owner for expenses he
2 necessarily incurred for:
3 (1) Recording fees, transfer taxes and similar expenses
4 incidental to conveying the real property to the acquiring
5 agency.
6 (2) Penalty costs for prepayment for any preexisting
7 recorded mortgage entered into in good faith encumbering the
8 real property.
9 (3) The pro rata portion of real property taxes paid
10 which are allocable to a period subsequent to the date of
11 vesting title in the acquiring agency or the effective date
12 of the possession of the real property by the acquiring
13 agency, whichever is earlier.
14 (4) The pro rata portion of water, sewer and waste
15 management charges paid to a taxing entity or a local
16 authority allocable to a period subsequent to the effective
17 date of possession of the real property by the acquiring
18 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 ineligible for reimbursement of fees under section 306(g)
19990H2043B2611 - 40 -
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 $2,500 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 § 711. Payment on account of increased mortgage costs.
12 (a) Reimbursement of owner.--Whenever the acquisition of
13 property by an acquiring agency results in the termination of an
14 installment purchase contract, mortgage or other evidence of
15 debt on the acquired property, requiring the legal or equitable
16 owner to enter into another installment purchase contract,
17 mortgage or other evidence of debt on the property purchased for
18 the same use as the acquired property, a legal or equitable
19 owner who does not qualify for a payment under section 902(a)(2)
20 (relating to replacement housing for homeowners) shall be
21 compensated for any increased interest and other debt service
22 costs which he is required to pay for financing the acquisition
23 of the replacement property.
24 (b) Determination of amount.--Compensation for any increased
25 interest and other debt service costs shall be equal to the
26 excess in the aggregate interest and other debt service costs of
27 that amount on the principal of the installment purchase
28 contract, mortgage or other evidence of debt on the replacement
29 property which is equal to the unpaid balance of the installment
30 purchase contract, mortgage or other evidence of debt on the
19990H2043B2611 - 41 -
1 acquired property over the remaining term of the installment
2 purchase contract, mortgage or other evidence of debt on the
3 acquired property reduced to present worth. The discount rate to
4 be used in reducing to present worth shall be the prevailing
5 interest rate paid on savings deposits by commercial banks in
6 the general area in which the replacement property is located.
7 The amount shall be paid only if the acquired property was
8 subject to an installment purchase contract or encumbered by a
9 bona fide mortgage or other evidence of debt secured by the
10 property which was a valid lien on the property for not less
11 than 180 days prior to the initiation of negotiations for the
12 acquisition of the property.
13 § 712. Loss of rentals due to imminence of condemnation.
14 The condemnee shall be entitled to receive as special damages
15 compensation for any loss, suffered prior to the date of taking,
16 caused by a reduction of income from rentals which the condemnee
17 establishes was substantially due to the general knowledge of
18 the imminence of condemnation, other than that due to physical
19 deterioration of the property within the reasonable control of
20 the condemnee. This section is applicable only to losses of
21 rental income suffered following a 60-day period subsequent to
22 written notice from the condemnee to the condemnor that losses
23 of rental income are being suffered. Total damages under this
24 section shall not exceed $20,000.
25 § 713. Delay compensation.
26 Compensation for delay in payment shall be paid at a rate
27 equal to the prime rate as listed in the first edition of The
28 Wall Street Journal published for each calendar year for which
29 delay compensation is due, plus 1% simple interest from the date
30 of relinquishment of possession of the condemned property by the
19990H2043B2611 - 42 -
1 condemnee. If the condemnation is such that possession is not
2 required to effectuate it, then delay compensation shall be paid
3 from the date of condemnation. A condemnee shall not be entitled
4 to compensation for delay in payment during the period he
5 remains in possession after condemnation, nor during such period
6 shall a condemnor be entitled to rent or other charges for use
7 and occupancy of the condemned property by the condemnee. No
8 compensation for delay shall be payable relating to funds paid
9 on account, or by deposit in court, after the date of such
10 payment or deposit. Compensation for delay shall be excluded by
11 the viewers or the court or jury on appeal as part of the award
12 or verdict, but at the time of payment of the award or judgment
13 shall be calculated as above and added thereto. There shall be
14 no further or additional payment of interest on the award or
15 verdict.
16 § 714. Consequential damages.
17 All condemnors, including the Commonwealth, shall be liable
18 for damages to property abutting the area of an improvement
19 resulting from change of grade of a road or highway, permanent
20 interference with access or injury to surface support, whether
21 or not any property is taken.
22 § 715. Damages for vacation of roads.
23 Whenever a public road, street or highway is vacated, the
24 affected owners may recover damages for any injuries sustained,
25 even though no land is actually taken.
26 § 716. Attempted avoidance of monetary just compensation.
27 Where a condemnor attempts to avoid the payment of monetary
28 just compensation to which the condemnee otherwise would be
29 entitled by use of a substitute for monetary compensation and
30 the condemnee incurs expenses, including appraisal, attorney and
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1 engineering fees, in securing an adjudication that the
2 substitute is inadequate, the condemnee shall be reimbursed by
3 the condemnor for all such expenses incurred with interest
4 thereon.
5 CHAPTER 9
6 SPECIAL DAMAGES FOR DISPLACEMENT
7 Sec.
8 901. Moving, business dislocation and related expenses of
9 displaced persons.
10 902. Replacement housing for homeowners.
11 903. Replacement housing for tenants and others.
12 904. Regulations.
13 905. Payments not to be considered as income or resources.
14 § 901. Moving, business dislocation and related expenses of
15 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 therefor shall be prima facie evidence of
21 incurred 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 and dislocation
25 allowance according to a schedule established by the
26 acquiring agency.
27 (b) Damages for dislocation of business or farm operation.--
28 In addition to any payment received under subsection (a), any
29 displaced person who is displaced from his place of business or
30 from his farm operation shall be entitled to damages for
19990H2043B2611 - 44 -
1 dislocation of his business or farm operation as follows:
2 (1) Actual direct losses relating to personal property
3 not to exceed the greater of:
4 (i) the reasonable expenses which would have been
5 required to relocate such personal property; or
6 (ii) the value in place of such personal property as
7 cannot be moved without substantially destroying or
8 diminishing its value, whether because of the
9 unavailability of a comparable site for relocation, or
10 without substantially destroying or diminishing its
11 utility in the relocated business or farm operation, or
12 because the displaced person elected payment for loss of
13 personal property.
14 (2) In lieu of the damages provided in paragraph (1), at
15 the option of the displaced person, an amount not to exceed
16 $10,000 to be determined by taking 50% of the difference, if
17 any, between the original cost of the personal property to
18 the displaced person or the replacement cost of equivalent
19 property at the time of sale, whichever is lower, and the net
20 proceeds obtained by the displaced person at a commercially
21 reasonable private or public sale. If this option is
22 selected, the displaced person shall give the acquiring
23 agency at least 60 days' notice in writing of his intention
24 to seek damages under this option. The displaced person shall
25 not directly or indirectly purchase any of the personal
26 property at private sale. Inventory shall be paid for under
27 this option only if the business is not relocated.
28 (3) Actual reasonable expenses in searching for a
29 replacement business or farm determined in accordance with
30 regulations promulgated under this title.
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1 (4) Actual reasonable expenses necessary to reestablish
2 a displaced farm, nonprofit organization or small business at
3 its new site, in accordance with criteria to be established
4 by regulation, but not to exceed $10,000.
5 (5) In addition to damages under subsection (a) or
6 paragraphs (1), (2), (3) or (4), damages in an amount equal
7 to the average annual net earnings but not more than $50,000
8 nor less than $2,500. As used in this paragraph, the term
9 "average annual net earnings" means one-half of any net
10 earnings of the business or farm operation before Federal,
11 State and local income taxes during the two taxable years
12 immediately preceding the taxable year in which the business
13 or farm operation moves from the real property acquired for a
14 project and includes any compensation paid by the business or
15 farm operation to the owner, his spouse or his dependents
16 during this period. The regulations promulgated under section
17 904 (relating to regulations) may designate another period
18 determined to be more equitable for establishing average
19 annual net earnings as long as the designated period does not
20 produce a lesser payment than would be produced by use of the
21 last two taxable years. Payment shall be made only if the
22 business cannot be relocated without a substantial loss of
23 profits. A person whose sole business at a dwelling from
24 which he is displaced is the rental of such property to
25 others shall not qualify for a payment under this paragraph.
26 (c) Relocation of business or farm operation.--Relocation of
27 business or farm operation is subject to election by the
28 condemnee to do so.
29 § 902. Replacement housing for homeowners.
30 (a) Additional payments to certain homeowners.--In addition
19990H2043B2611 - 46 -
1 to payments otherwise authorized, the acquiring agency shall
2 additionally pay up to $22,500 to any displaced person who is
3 displaced from a dwelling actually owned and occupied by such
4 displaced person for not less than 180 days prior to the
5 initiation of negotiations for the acquisition of the property
6 or the receipt of written notice from the acquiring agency of
7 intent to acquire or order to vacate. Such additional payment
8 shall include the following elements:
9 (1) The amount, if any, which, when added to the
10 acquisition cost of the acquired dwelling, equals the
11 reasonable cost of a comparable replacement dwelling.
12 (2) The amount, if any, which will compensate the
13 displaced person for any increased interest and other debt
14 service costs which the person is required to pay for
15 financing the acquisition of any comparable replacement
16 dwelling. The amount shall be paid only if the acquired
17 dwelling was subject to an installment purchase contract or
18 encumbered by a bona fide installment purchase contract,
19 mortgage or other evidence of debt secured by the dwelling
20 which was a valid lien on such dwelling for not less than 180
21 days immediately prior to the initiation of negotiations for
22 the acquisition of such dwelling.
23 (3) Reasonable expenses incurred by the displaced person
24 for evidence of title, recording and attorney fees, real
25 property transfer taxes and other closing and related costs
26 incidental to the purchase and financing of the replacement
27 dwelling but excluding prepaid expenses.
28 (b) One-year time period for purchase of replacement
29 dwelling.--The additional payment authorized by this section
30 shall be made only to a displaced person who purchases and
19990H2043B2611 - 47 -
1 occupies a replacement dwelling which is decent, safe, sanitary
2 and adequate to accommodate the displaced person not later than
3 the end of the one-year period beginning on the date on which he
4 receives final payment of his full acquisition cost for the
5 acquired dwelling or on the date on which he moves from the
6 acquired dwelling, whichever is later. Regulations issued under
7 section 904 (relating to regulations) may prescribe situations
8 when the one-year period may be extended. If the period is
9 extended, the payment under this section shall be based on the
10 costs of relocating the person to a comparable replacement
11 dwelling within one year of the date on which he received final
12 payment of full acquisition costs for the acquired dwelling.
13 (c) Right of election.--The person entitled under this
14 section shall have the right to elect the benefits available
15 under section 903 (relating to replacement housing for tenants
16 and others) in lieu of those provided by this section.
17 § 903. Replacement housing for tenants and others.
18 (a) Payment of certain displaced persons.--
19 (1) In addition to amounts otherwise authorized, an
20 acquiring agency shall pay to or for any displaced person
21 displaced from a dwelling ineligible to receive a payment
22 under section 902 (relating to replacement housing for
23 homeowners), which dwelling was actually and lawfully
24 occupied by the displaced person for at least 90 days prior
25 to the initiation of negotiations for acquisition of the
26 dwelling or the receipt of written notice from the acquiring
27 agency of intent to acquire or order to vacate. The payment
28 shall be the amount determined to be necessary to enable the
29 displaced person to lease a comparable replacement dwelling
30 for a period not to exceed 42 months. The amount shall be the
19990H2043B2611 - 48 -
1 additional amount, if any, over the actual rental or fair
2 rental value of the acquired dwelling as determined in
3 accordance with regulations promulgated under section 904
4 (relating to regulations) but not to exceed $5,250.
5 (2) Any person eligible for a payment under paragraph
6 (1) may elect to apply the payment to a down payment on and
7 other expenses incidental to the purchase of a decent, safe
8 and sanitary replacement dwelling.
9 (b) Condition of payment.--The additional payment authorized
10 by this section shall be made only to a displaced person who
11 occupies a replacement dwelling which is decent, safe and
12 sanitary.
13 § 904. Regulations.
14 The General Counsel shall promulgate rules and regulations
15 necessary to assure that:
16 (1) The payments authorized by this chapter shall be
17 made as uniformly as practical and in a manner that is fair
18 and reasonable.
19 (2) A displaced person who properly applies for a
20 payment authorized for that person by this chapter shall be
21 paid promptly after a move or, in hardship cases, be paid in
22 advance.
23 (3) Any person aggrieved by a determination as to
24 eligibility for a payment authorized by this chapter or the
25 amount of a payment may elect to have his application
26 reviewed by the head of the acquiring agency.
27 (4) Each displaced person shall receive the maximum
28 payments authorized by this chapter.
29 (5) Each acquiring agency may obtain the maximum Federal
30 reimbursement for relocation payment and assistance costs
19990H2043B2611 - 49 -
1 authorized by any Federal law.
2 § 905. Payments not to be considered as income or resources.
3 No payment received by a displaced person under this chapter
4 shall be considered as income or resources for the purpose of
5 determining the eligibility or extent of eligibility of any
6 person for assistance under any State law or for the purposes of
7 the State or local personal income or wage tax laws, corporation
8 tax laws or other tax laws. No payments under this chapter
9 except those provided for in section 901(b) (relating to moving,
10 business dislocation and related expenses of displaced persons)
11 shall be subject to attachment or execution at law or in equity.
12 CHAPTER 11
13 EVIDENCE
14 Sec.
15 1101. Viewers' hearing.
16 1102. Condemnor's evidence before viewers.
17 1103. Trial in court of common pleas on appeal.
18 1104. Competency of condemnee as witness.
19 1105. Evidence generally.
20 1106. Use of condemned property.
21 § 1101. Viewers' hearing.
22 The viewers may hear testimony, receive evidence and
23 independently investigate as they deem appropriate, without
24 being bound by formal rules of evidence.
25 § 1102. Condemnor's evidence before viewers.
26 At the hearing before the viewers, the condemnor shall
27 present expert testimony of the amount of damages suffered by
28 the condemnee.
29 § 1103. Trial in court of common pleas on appeal.
30 At the trial in court on appeal:
19990H2043B2611 - 50 -
1 (1) As a matter of right, ether party may have the jury,
2 or the judge in a trial without a jury, view the property
3 involved, notwithstanding that structures have been
4 demolished or the site altered. The view shall be
5 evidentiary. If the trial is with a jury, the trial judge
6 shall accompany the jury on the view.
7 (2) If any valuation expert who has not previously
8 testified before the viewers is to testify, the party calling
9 him must disclose his name and serve a statement of his
10 valuation of the property before and after the condemnation
11 along with his opinion of the highest and best use of the
12 property before the condemnation and of any part remaining
13 after the condemnation on the opposing party at least ten
14 days before the commencement of the trial.
15 (3) The report of the viewers and the amount of their
16 award shall not be admissible as evidence.
17 § 1104. Competency of condemnee as witness.
18 The condemnee or an officer of a corporate condemnee, without
19 further qualification, may testify as to just compensation
20 without compliance with the provisions of section 1103(2)
21 (relating to trial in court of common pleas on appeal).
22 § 1105. Evidence generally.
23 At the hearing before the viewers or at the trial in court on
24 appeal:
25 (1) On direct or cross-examination, a qualified
26 valuation expert may state any or all facts and data which he
27 considered in arriving at his opinion, whether or not he has
28 personal knowledge of the facts and data. His statement of
29 the facts and data and the sources of his information shall
30 be subject to impeachment and rebuttal.
19990H2043B2611 - 51 -
1 (2) On direct or cross-examination, a qualified
2 valuation expert may testify in detail as to the valuation of
3 the property on a comparable market value, reproduction cost
4 or capitalization basis, or in accordance with any other
5 method of appraisal practice generally accepted in the
6 appraisal profession, which testimony may include, but shall
7 not be limited to, the following:
8 (i) The price and other terms of any sale or
9 contract to sell the condemned property or comparable
10 property made within a reasonable time before or after
11 the date of condemnation.
12 (ii) The rent reserved and other terms of any lease
13 of the condemned property or comparable property which
14 was in effect within a reasonable time before or after
15 the date of condemnation.
16 (iii) The capitalization of the net rental or
17 reasonable net rental value of the condemned property,
18 including reasonable net rental values customarily
19 determined by a percentage or other measurable portion of
20 gross sales or gross income of a business which may
21 reasonably be conducted on the premises, as distinguished
22 from the capitalized value of the income or profits
23 attributable to any business conducted on the premises of
24 the condemned property.
25 (iv) The value of the land together with the cost of
26 replacing or reproducing the existing improvements less
27 depreciation or obsolescence.
28 (v) The cost of adjustments and alterations to any
29 remaining property made necessary or reasonably required
30 by the condemnation.
19990H2043B2611 - 52 -
1 (3) Either party may show the difference between the
2 condition of the property and of the immediate neighborhood
3 at the time of condemnation and at the time of view, either
4 by the viewers or jury.
5 (4) The assessed valuations of property condemned shall
6 be inadmissible in evidence for any purpose.
7 (5) A qualified valuation expert may testify that he has
8 relied upon the written report of another expert as to the
9 cost of adjustments and alterations to any remaining property
10 made necessary or reasonably required by the condemnation but
11 only if a copy of the written report has been furnished to
12 the opposing party ten days in advance of the trial.
13 (6) If otherwise qualified, a valuation expert shall not
14 be disqualified by reason of not having made sales of
15 property or not having examined the condemned property prior
16 to the condemnation provided he can show he has acquired
17 knowledge of its condition at the time of the condemnation.
18 § 1106. Use of condemned property.
19 In arriving at his valuation of the remaining part of the
20 property in a partial condemnation, an expert witness may
21 consider and testify to the use to which the condemned property
22 is intended to be put by the condemnor.
23 Section 2. Title 42 is amended by adding a section to read:
24 § 702.1. Expedited appeals in eminent domain proceedings.
25 When a court in an eminent domain proceeding dismisses
26 preliminary objections to a declaration of taking and is of the
27 opinion that the matters involved are of immediate public
28 importance, it shall, upon request of a party, so state in the
29 order. If an appeal is taken from that order, the appellate
30 court shall give priority to the determination of the issues
19990H2043B2611 - 53 -
1 raised by the appeal.
2 Section 3. Sections 5526(4), 5527, 5530(a)(3) and 6121 of
3 Title 42 are amended to read:
4 § 5526. Five year limitation.
5 The following actions and proceedings must be commenced
6 within five years:
7 * * *
8 [(4) A proceeding in inverse condemnation, if property
9 has been injured but no part thereof has been taken, or if
10 the condemnor has made payment in accordance with section
11 407(a) or (b) (relating to possession and payment of
12 compensation) of the act of June 22, 1964 (Sp.Sess., P.L.84,
13 No.6), known as the "Eminent Domain Code."]
14 § 5527. Six year limitation.
15 (a) Eminent domain.--
16 (1) If a condemnor has filed a declaration of taking, a
17 petition for the appointment of viewers for the assessment of
18 damages under 26 Pa.C.S. (relating to eminent domain) must be
19 filed within six years from the date on which the condemnor
20 first made payment in accordance with 26 Pa.C.S. § 307(a) or
21 (b) (relating to possession, right of entry and payment of
22 compensation). If payment is not required to be made under 26
23 Pa.C.S. § 307(a) to obtain possession, a petition for the
24 appointment of viewers must be filed within six years of the
25 filing of the declaration of taking.
26 (2) If the condemnor has not filed a declaration of
27 taking, a petition for the appointment of viewers for the
28 assessment of damages under 26 Pa.C.S. must be filed within
29 six years from the date on which the asserted taking, injury
30 or destruction of the property occurred or could reasonably
19990H2043B2611 - 54 -
1 have been discovered by the condemnee.
2 (b) Other civil action or proceeding.--Any civil action or
3 proceeding which is neither subject to another limitation
4 specified in this subchapter nor excluded from the application
5 of a period of limitation by section 5531 (relating to no
6 limitation) must be commenced within six years.
7 § 5530. Twenty-one year limitation.
8 (a) General rule.--The following actions and proceedings
9 must be commenced within 21 years:
10 * * *
11 [(3) A proceeding in inverse condemnation, if property
12 has been taken and the condemnor has not made payment in
13 accordance with section 407(a) or (b) (relating to possession
14 and payment of compensation) of the act of June 22, 1964
15 (Sp.Sess., P.L.84, No.6), known as the "Eminent Domain
16 Code."]
17 * * *
18 § 6121. Eminent domain matters.
19 Eminent domain matters shall be governed by the provisions of
20 [Article VII (relating to evidence) of the act of June 22, 1964
21 (Sp.Sess., P.L.84, No.6), known as the "Eminent Domain Code,"]
22 26 Pa.C.S. Ch.11 (relating to evidence) in addition to the
23 provisions of this chapter.
24 Section 4. Section 1505 of Title 51 is amended to read:
25 § 1505. Donation of land by political subdivisions.
26 It shall be lawful for any county, city, borough, town or
27 township to acquire by purchase or by gift, or by the right of
28 eminent domain, any land for the use of the Pennsylvania
29 National Guard, and to convey such lands so acquired to the
30 Commonwealth of Pennsylvania. The proceedings for the
19990H2043B2611 - 55 -
1 condemnation of lands under the provisions of this chapter and
2 for the assessment of damages for property taken, injured or
3 destroyed shall be taken in the same manner as is now provided
4 by [the act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as
5 the "Eminent Domain Code."] 26 Pa.C.S. (relating to eminent
6 domain).
7 Section 5. (a) The following acts and parts of acts are
8 repealed:
9 Section 41 of the act of April 29, 1874 (P.L.73, No.32),
10 entitled "An act to provide for the incorporation and regulation
11 of certain corporations."
12 Section 2003(e)(2)(i)(B) and (7) (except as much as reads:
13 "Revenue from any sale of land acquired with motor license funds
14 shall be deposited in the Motor License Fund.") of the act of
15 April 9, 1929 (P.L.177, No.175), known as The Administrative
16 Code of 1929.
17 Act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the
18 Eminent Domain Code.
19 Act of December 29, 1971 (P.L.646, No.170), entitled "An act
20 to allow for the provision of relocation assistance and the
21 payment of relocation benefits under federally assisted programs
22 to persons who would not qualify for such payments under the
23 Eminent Domain Code of the Commonwealth of Pennsylvania."
24 (b) Except as to the measure of damages prescribed by 26
25 Pa.C.S. Ch. 7, nothing in this act shall repeal, modify or
26 supplant Articles XXVII, XXVIII and XXIX of the act of July 28,
27 1953 (P.L.723, No.230), known as the Second Class County Code,
28 as they are applicable to procedures in the court of common
29 pleas with respect to bridges, viaducts, culverts and roads.
30 (c) The following provisions are saved from repeal:
19990H2043B2611 - 56 -
1 As much of section 302(a) of the act of December 21, 1988
2 (P.L.1444, No.177), known as the General Association Act of
3 1988, as relates to the partial repeal of section 901 of the act
4 of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent
5 Domain Code, as reads as follows: " A court may issue a writ of
6 possession to the condemnor prior to the disposition of
7 preliminary objections which challenge the validity of a
8 condemnation of rights-of-way or easements for occupation by
9 water, electric, gas, oil and/or petroleum products, telephone
10 or telegraph lines used directly or indirectly in furnishing
11 service to the public, and if it shall be determined finally
12 that the condemnation is invalid in whole or in part, the
13 affected owners may recover damages for any injuries sustained
14 thereby and shall be entitled to such equitable relief as may be
15 appropriate in the circumstances."
16 15 Pa.C.S. § 1511(g)(2).
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 of 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 of section 2003(e)(7) of the act of
28 April 9, 1929 (P.L.177, No.175), known as The Administrative
29 Code of 1929, shall not affect the authority of the Department
30 of Transportation to sell at public sale pursuant to 26 Pa.C.S.
19990H2043B2611 - 57 -
1 § 310 any land acquired by the department if the Secretary of
2 Transportation determines that the land is not needed for
3 present or future transportation purposes.
4 Section 8. This act shall take effect in 60 days.
I23L26VDL/19990H2043B2611 - 58 -