PRIOR PRINTER'S NO. 1187 PRINTER'S NO. 1369
No. 897 Session of 2005
INTRODUCED BY BRIGHTBILL, PICCOLA, WONDERLING, CORMAN,
JUBELIRER, PUNT, WENGER, ORIE, RAFFERTY, PIPPY, LEMMOND,
M. WHITE, D. WHITE, WOZNIAK, EARLL, ARMSTRONG, THOMPSON,
WAUGH, ROBBINS, REGOLA, KASUNIC, STACK AND BROWNE,
OCTOBER 4, 2005
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
NOVEMBER 15, 2005
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 related repeals.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 26 of the Pennsylvania Consolidated
8 Statutes is amended by adding chapters to read:
9 TITLE 26
10 EMINENT DOMAIN
11 Chapter
12 1. General Provisions
13 3. Procedure to Condemn
14 5. Procedure for Determining Damages
15 7. Just Compensation and Measure of Damages
16 9. Special Damages for Displacement
17 11. Evidence
1 CHAPTER 1
2 GENERAL PROVISIONS
3 Sec.
4 101. Short title of title.
5 102. Application of title.
6 103. Definitions.
7 § 101. Short title of title.
8 This title shall be known and may be cited as the Eminent
9 Domain Code.
10 § 102. Application of title.
11 (a) General rule.--This title provides a complete and
12 exclusive procedure and law to govern all condemnations of
13 property for public purposes and the assessment of damages.
14 (b) Construction.--Nothing in this title shall be construed:
15 (1) To affect the jurisdiction or power of the
16 Pennsylvania Public Utility Commission or any statute
17 providing for the assessment of benefits for public
18 improvements on the properties benefited.
19 (2) To enlarge or diminish the power of condemnation
20 given by law to any condemnor.
21 (C) EXTRATERRITORIAL TAKINGS.--NO POLITICAL SUBDIVISION <--
22 SHALL EXERCISE EMINENT DOMAIN AUTHORITY AGAINST LAND THAT IS
23 SITUATED IN ANOTHER POLITICAL SUBDIVISION WITHOUT THE APPROVAL
24 BY RESOLUTION OF THE SOVEREIGN BODY OF THE POLITICAL SUBDIVISION
25 IN WHICH THE LAND IS SITUATED.
26 § 103. Definitions.
27 Subject to additional definitions contained in subsequent
28 provisions of this title which are applicable to specific
29 provisions of this title, the following words and phrases when
30 used in this title shall have the meanings given to them in this
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1 section unless the context clearly indicates otherwise:
2 "Acquiring agency." Any entity, including the Commonwealth,
3 vested with the power of eminent domain by the laws of this
4 Commonwealth. This definition is subject to section 901
5 (relating to definitions).
6 "Acquisition cost." General damages or, in the event of
7 amicable acquisition, the price paid by the acquiring agency.
8 "Business." Any lawful activity, except a farm operation,
9 conducted:
10 (1) primarily for the purchase, sale, lease or rental of
11 personal or real property or for the manufacture, processing
12 or marketing of products, commodities or any other personal
13 property;
14 (2) primarily for the sale of services to the public;
15 (3) primarily for outdoor advertising display purposes,
16 if the display must be moved as a result of the project; or
17 (4) by a nonprofit organization.
18 "Comparable replacement dwelling." A dwelling that is:
19 (1) Decent, safe and sanitary.
20 (2) Adequate in size to accommodate the occupants.
21 (3) Within the financial means of the displaced person.
22 (4) Functionally equivalent.
23 (5) In an area not subject to unreasonable adverse
24 environmental conditions.
25 (6) In a location generally not less desirable than the
26 location of the displaced person's dwelling with respect to
27 public utilities, facilities, services and the displaced
28 person's place of employment.
29 "Condemn." To take, injure or destroy property by authority
30 of law for a public purpose.
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1 "Condemnee." The owner of a property interest taken, injured
2 or destroyed. The term does not include a mortgagee, judgment
3 creditor or other lienholder.
4 "Condemnor." The acquiring agency, including the
5 Commonwealth, that takes, injures or destroys property by
6 authority of law for a public purpose.
7 "Court." The court of common pleas.
8 "Displaced person."
9 (1) Except as set forth in paragraph (2) or (3), any of
10 the following:
11 (i) A condemnee or other person that moves from real
12 property or moves personal property from real property:
13 (A) as a direct result of a written notice of
14 intent to acquire or the acquisition of the real
15 property, in whole or in part, for a program or
16 project undertaken by an acquiring agency; or
17 (B) on which such person is a residential tenant
18 or conducts a small business or a farm operation as a
19 direct result of rehabilitation, demolition or other
20 displacing activity for a program or project
21 undertaken by an acquiring agency if the displacement
22 is permanent.
23 (ii) A person that was in occupancy of the real
24 property on or before the date of acquisition,
25 notwithstanding the termination or expiration of a lease
26 entered into before or after the event giving rise to the
27 displacement.
28 (2) The term does not include any of the following:
29 (i) A person that unlawfully occupies the
30 displacement property or occupied the property for the
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1 purpose of obtaining assistance under this title.
2 (ii) In any case in which the acquiring agency
3 acquires real property for a program or project, a
4 person, other than a person that was an occupant of the
5 property at the time it was acquired, that occupies the
6 property on a rental basis for a short term or a period
7 subject to termination when the property is needed for
8 the program or project.
9 (3) This definition is subject to section 902(a)(2).
10 "Farm operation." Any activity conducted solely or primarily
11 for the production of one or more agricultural products or
12 commodities, including timber, for sale or home use and
13 customarily producing these products or commodities in
14 sufficient quantity to be capable of contributing materially to
15 the operator's support.
16 "Natural disaster." A disaster officially declared as a
17 natural disaster by the Governor.
18 "Personal property." Any tangible property not considered to
19 be real property for purposes of general damages under the laws
20 of this Commonwealth.
21 "Program or project." Any program or project undertaken by
22 or for an acquiring agency as to which it has the authority to
23 exercise the power of eminent domain.
24 "Small business." A business that has less than 501
25 employees who are:
26 (1) working at the site being acquired; or
27 (2) permanently displaced by a program or project.
28 "Utility." An entity that provides to the public:
29 (1) water products;
30 (2) electric products;
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1 (3) gas products;
2 (4) oil products;
3 (5) petroleum products;
4 (6) telephone lines; or
5 (7) telegraph lines.
6 CHAPTER 3
7 PROCEDURE TO CONDEMN
8 Sec.
9 301. Venue.
10 302. Declaration of taking.
11 303. Security required.
12 304. Recording notice of condemnation.
13 305. Notice to condemnee.
14 306. Preliminary objections.
15 307. Possession, right of entry and payment of compensation.
16 308. Revocation of condemnation proceedings.
17 309. Right to enter property prior to condemnation.
18 310. Abandonment of project.
19 § 301. Venue.
20 (a) General rule.--A condemnation proceeding shall be
21 brought in the court of the county in which the property is
22 located or, if the property is located in two or more counties,
23 in the court of any one of the counties.
24 (b) Multiple counties.--Where the property is located in two
25 or more counties and a proceeding is commenced in the court of
26 one of the counties, all subsequent proceedings regarding the
27 same property shall be brought in the same county.
28 § 302. Declaration of taking.
29 (a) Condemnation and passage of title.--
30 (1) Condemnation under the power of condemnation given
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1 by law to a condemnor shall be effected only by the filing in
2 court of a declaration of taking with the security required
3 under section 303(a) (relating to security required).
4 (2) The title which the condemnor acquires in the
5 property condemned shall pass to the condemnor on the date of
6 the filing, and the condemnor shall be entitled to possession
7 under section 307 (relating to possession, right of entry and
8 payment of compensation).
9 (b) Contents.--The declaration of taking shall be in writing
10 and executed by the condemnor and shall be captioned as a
11 proceeding in rem and contain the following:
12 (1) The name and address of the condemnor.
13 (2) A specific reference to the statute and section
14 under which the condemnation is authorized.
15 (3) A specific reference to the action, whether by
16 ordinance, resolution or otherwise, by which the declaration
17 of taking was authorized, including the date when the action
18 was taken and the place where the record may be examined.
19 (4) A brief description of the purpose of the
20 condemnation.
21 (5) A description of the property condemned, sufficient
22 for identification, specifying the municipal corporation and
23 the county or counties where the property taken is located, a
24 reference to the place of recording in the office of the
25 recorder of deeds of plans showing the property condemned or
26 a statement that plans showing the property condemned are on
27 the same day being lodged for record or filed in the office
28 of the recorder of deeds in the county in accordance with
29 section 304 (relating to recording notice of condemnation).
30 (6) A statement of the nature of the title acquired, if
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1 any.
2 (7) A statement specifying where a plan showing the
3 condemned property may be inspected in the county in which
4 the property taken is located.
5 (8) A statement of how just compensation has been made
6 or secured.
7 (c) More than one property included in declaration.--The
8 condemnor may include in one declaration of taking any or all of
9 the properties specified in the action by which the declaration
10 of taking was authorized.
11 (d) Fee.--The prothonotary shall charge one fee for filing
12 each declaration of taking, which shall be the same regardless
13 of the number of properties or condemnees included.
14 (e) Filing.--The condemnor shall file within one year of the
15 action authorizing the declaration of taking a declaration of
16 taking covering all properties included in the authorization not
17 otherwise acquired by the condemnor within this time.
18 § 303. Security required.
19 (a) Bond.--Except as provided in subsection (b), every
20 condemnor shall give security to effect the condemnation by
21 filing with the declaration of taking its bond, without surety,
22 to the Commonwealth for the use of the owner of the property
23 interests condemned, the condition of which shall be that the
24 condemnor shall pay the damages determined by law.
25 (b) Pledge of tax revenues.--
26 (1) Where a condemnor has the power of taxation, it
27 shall not be required to file a bond with the declaration of
28 taking.
29 (2) The funds raised or authorized by law to be raised
30 by the power of taxation of the condemnor shall be deemed
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1 pledged and are made security for the payment of the damages
2 determined by law.
3 (c) Insufficient security.--The court, upon preliminary
4 objections of the condemnee under and within the time set forth
5 in section 306(a) (relating to preliminary objections), may
6 require the condemnor to give bond and security as the court
7 deems proper if it appears to the court that the bond or power
8 of taxation of the condemnor is insufficient security.
9 § 304. Recording notice of condemnation.
10 (a) County of recording.--
11 (1) The condemnor, upon filing its declaration of
12 taking, shall on the same day lodge for record a notice of
13 the declaration in the office of the recorder of deeds of the
14 county in which the property is located.
15 (2) If the property is located in two or more counties,
16 the notice shall be recorded in each county.
17 (b) Notice and recording requirements.--
18 (1) The notice shall specify:
19 (i) The court term and number of the declaration of
20 taking.
21 (ii) The date it was filed.
22 (iii) A description or plan of the property
23 condemned sufficient for identification.
24 (iv) The names of the owners of the property
25 interests condemned, as reasonably known to the
26 condemnor.
27 (2) The notices shall be indexed in the deed indices
28 showing the condemnee set forth in the notice as grantor and
29 the condemnor as grantee.
30 (3) If plans are to be recorded as part of the notice,
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1 they shall be submitted on standard legal size paper. If
2 plans are to be filed as part of the notice, they shall be in
3 legible scale and filed in a condemnation book or file or
4 microfilmed, with a notation as to the condemnation book and
5 page number, file number or microfilm number to be made by
6 the recorder on the margin of the notice.
7 (4) Upon the notice being assigned a book and page
8 number by the recorder of deeds the condemnor shall file with
9 the prothonotary under the caption of the declaration of
10 taking a memorandum of the book and page number in which the
11 notice is recorded.
12 (c) Fees.--The recorder shall receive as a fee for recording
13 each notice the sums as provided by the act of June 12, 1919
14 (P.L.476, No.240), referred to as the Second Class County
15 Recorder of Deeds Fee Law, and the act of April 8, 1982
16 (P.L.310, No.87), referred to as the Recorder of Deeds Fee Law.
17 § 305. Notice to condemnee.
18 (a) Written notice.--Within 30 days after the filing of the
19 declaration of taking, the condemnor shall give written notice
20 of the filing to the condemnee, to any mortgagee of record, and
21 to any lienholder of record.
22 (b) Service.--
23 (1) The notice shall be served within or without this
24 Commonwealth, by any competent adult, in the same manner as
25 in a civil action or by registered mail to the last known
26 address of the person being served.
27 (2) If service cannot be made in the manner set forth
28 under paragraph (1), then service shall be made by posting a
29 copy of the notice upon the most public part of the property
30 and by publication of a copy of the notice, omitting the plot
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1 plan required by subsection (c)(8), one time each in one
2 newspaper of general circulation and the legal journal, if
3 any, published in the county.
4 (c) Contents.--The notice to be given the condemnee shall
5 state:
6 (1) The caption of the case.
7 (2) The date of filing of the declaration of taking and
8 the court term and number.
9 (3) The name of the condemnee to whom it is directed.
10 (4) The name and address of the condemnor.
11 (5) A specific reference to the statute and section
12 under which the condemnation action is authorized.
13 (6) A specific reference to the action, whether by
14 ordinance, resolution or otherwise, by which the declaration
15 of taking was authorized, including the date when the action
16 was taken and the place where the record may be examined.
17 (7) A brief description of the purpose of the
18 condemnation.
19 (8) A statement that the condemnee's property has been
20 condemned and a reasonable identification of the property.
21 (9) In the case of a partial taking, a plot plan showing
22 the condemnee's entire property and the area taken.
23 (10) A statement of the nature of the title acquired.
24 (11) A statement specifying where a plan showing the
25 condemned property may be inspected in the county in which
26 the property taken is located.
27 (12) A statement of how just compensation has been made
28 or secured.
29 (13) A statement that, if the condemnee wishes to
30 challenge the power or the right of the condemnor to
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1 appropriate the condemned property, the sufficiency of the
2 security, the procedure followed by the condemnor or the
3 declaration of taking, the condemnee must file preliminary
4 objections within 30 days after being served with notice of
5 condemnation.
6 (d) Compliance.--Service of a copy of the declaration of
7 taking, together with the information and notice required by
8 subsection (c)(2), (8), (9) and (13), shall constitute
9 compliance with the notice requirements of this section.
10 (e) Proof of service.--The condemnor shall file proof of
11 service of the notice.
12 § 306. Preliminary objections.
13 (a) Filing and exclusive method of challenging certain
14 matters.--
15 (1) Within 30 days after being served with notice of
16 condemnation, the condemnee may file preliminary objections
17 to the declaration of taking.
18 (2) The court upon cause shown may extend the time for
19 filing preliminary objections.
20 (3) Preliminary objections shall be limited to and shall
21 be the exclusive method of challenging:
22 (i) The power or right of the condemnor to
23 appropriate the condemned property unless it has been
24 previously adjudicated.
25 (ii) The sufficiency of the security.
26 (iii) The declaration of taking.
27 (iv) Any other procedure followed by the condemnor.
28 (b) Waiver.--Failure to raise by preliminary objections the
29 issues listed in subsection (a) shall constitute a waiver.
30 Issues of compensation may not be raised by preliminary
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1 objections.
2 (c) Grounds to be stated.--Preliminary objections shall
3 state specifically the grounds relied on.
4 (d) When raised.--All preliminary objections shall be raised
5 at one time and in one pleading. They may be inconsistent.
6 (e) Service.--The condemnee shall serve a copy of the
7 preliminary objections on the condemnor within 72 hours after
8 filing them.
9 (f) Disposition.--
10 (1) The court shall determine promptly all preliminary
11 objections and make preliminary and final orders and decrees
12 as justice shall require, including the revesting of title.
13 (2) If an issue of fact is raised, the court shall take
14 evidence by depositions or otherwise.
15 (3) The court may allow amendment or direct the filing
16 of a more specific declaration of taking.
17 (g) Costs and expenses.--
18 (1) If preliminary objections which have the effect of
19 terminating the condemnation are sustained, the condemnor
20 shall reimburse the condemnee for reasonable appraisal,
21 attorney and engineering fees and other costs and expenses
22 actually incurred because of the condemnation proceedings.
23 (2) The court shall assess costs and expenses under this
24 subsection.
25 § 307. Possession, right of entry and payment of compensation.
26 (a) Possession or right of entry of condemnor.--
27 (1) (i) The condemnor, after the expiration of the time
28 for filing preliminary objections by the condemnee to the
29 declaration of taking, shall be entitled to possession or
30 right of entry upon payment of, or a written offer to pay
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1 to the condemnee, the amount of just compensation as
2 estimated by the condemnor.
3 (ii) The condemnor shall be entitled to possession
4 or right of entry upon an easement without the payment of
5 or offer to pay the estimated just compensation if the
6 condemnor has the right to assess the property for
7 benefits.
8 (iii) If a condemnee or any other person then
9 refuses to deliver possession or permit right of entry,
10 the prothonotary upon praecipe of the condemnor shall
11 issue a rule, returnable in five days after service upon
12 the condemnee or the other person, to show cause why a
13 writ of possession should not issue.
14 (iv) The court, unless preliminary objections
15 warranting delay are pending, may issue a writ of
16 possession conditioned except as provided in this
17 subsection upon payment to the condemnee or into court of
18 the estimated just compensation and on any other terms as
19 the court may direct.
20 (2) A court may issue a writ of possession to a
21 condemnor prior to the disposition of preliminary objections.
22 (i) If it is finally determined that a condemnation
23 is invalid in a case in which preliminary objections
24 challenge the validity of a right-of-way or easement for
25 occupation by a utility, the affected owners may recover
26 damages for injuries sustained by taking possession under
27 this paragraph and are entitled to appropriate equitable
28 relief.
29 (ii) If it is finally determined that any other
30 condemnation is invalid after the granting of possession
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1 under this paragraph, the affected owners may recover
2 costs and expenses under section 306(g) and are entitled
3 to disposition under section 306(f).
4 (b) Tender of possession or right of entry by condemnee.--
5 (1) If within 60 days from the filing of the declaration
6 of taking the condemnor has not paid just compensation as
7 provided in subsection (a), the condemnee may tender
8 possession or right of entry in writing and the condemnor
9 shall then make payment of the just compensation due the
10 condemnee as estimated by the condemnor.
11 (2) If the condemnor fails to make the payment, the
12 court, upon petition of the condemnee, may compel the
13 condemnor to file a declaration of estimated just
14 compensation or, if the condemnor fails or refuses to file
15 the declaration, may at the cost of the condemnor appoint an
16 impartial expert appraiser to estimate just compensation.
17 (3) The court may, after hearing, enter judgment for the
18 amount of the estimated just compensation.
19 (c) Compensation without prejudice.--
20 (1) The compensation paid under subsections (a) and (b)
21 shall be without prejudice to the rights of either the
22 condemnor or the condemnee to proceed to a final
23 determination of the just compensation, and any payments made
24 shall be considered only as payments pro tanto of the just
25 compensation as finally determined.
26 (2) Following the rendition of the verdict, the court
27 shall mold the verdict to deduct the estimated just
28 compensation previously paid by the condemnor.
29 (3) In no event shall the condemnee be compelled to pay
30 back to the condemnor the compensation paid under subsection
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1 (a) or (b), even if the amount of just compensation as
2 finally determined is less than the compensation paid.
3 § 308. Revocation of condemnation proceedings.
4 (a) Declaration of relinquishment.--
5 (1) The condemnor, by filing a declaration of
6 relinquishment in court within two years from the filing of
7 the declaration of taking and before having made the payment
8 provided in section 307(a) or (b) (relating to possession,
9 right of entry and payment of compensation) or as to which
10 the condemnee has not tendered possession of the condemned
11 property as provided in section 307, may relinquish all or
12 any part of the property condemned that it has not taken
13 actual possession of for use in the improvement.
14 (2) The title shall then revest in the condemnee as of
15 the date of the filing of the declaration of taking and all
16 mortgages and other liens existing as of that date and not
17 thereafter discharged shall be reinstated.
18 (b) Notice.--Notice of the relinquishment shall be:
19 (1) Recorded in the office of the recorder of deeds of
20 the county in which the property taken is located, with the
21 condemnor as the grantor and the condemnee as the grantee.
22 (2) Served on the condemnee, any mortgagee of record and
23 any lienholder of record in the same manner as provided for
24 service of the declaration of taking.
25 (c) Fees.--The fees payable to the recorder for recording
26 the notice of relinquishment shall be in the same amounts as
27 provided in section 304(c) (relating to recording notices of
28 condemnation).
29 (d) Costs and expenses.--Where condemned property is
30 relinquished, the condemnee shall be reimbursed by the condemnor
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1 for reasonable costs and expenses as provided in section 306(g)
2 (relating to preliminary objections).
3 (e) Agreement.--The condemnor and the condemnee, without the
4 filing of a declaration of relinquishment, may by agreement
5 effect a revesting of title in the condemnee which agreement
6 shall be properly recorded.
7 § 309. Right to enter property prior to condemnation.
8 (a) General rule.--Prior to the filing of the declaration of
9 taking, the condemnor or its employees or agents shall have the
10 right to enter upon any land or improvement in order to make
11 studies, surveys, tests, soundings and appraisals.
12 (b) Notice to owner required.--The owner of the land or the
13 party in whose name the property is assessed shall be notified
14 ten days prior to entry on the property.
15 (c) Damages.--
16 (1) Any actual damages sustained by the owner of a
17 property interest in the property entered upon by the
18 condemnor shall be paid by the condemnor.
19 (2) Damages shall be assessed by the court, or the court
20 may refer the matter to viewers to ascertain and assess the
21 damages sustained by the condemnee.
22 (d) Construction.--The exercise of this right of entry by
23 the condemnor shall neither constitute a condemnation nor be
24 interpreted as a notice of an intent to acquire the real
25 property.
26 § 310. Abandonment of project.
27 (a) Disposition of property.--
28 (1) If a condemnor has condemned a fee and then abandons
29 the purpose for which the property has been condemned, the
30 condemnor may dispose of it by sale or otherwise.
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1 (2) If the property has not been substantially improved,
2 it may not be disposed of within three years after
3 condemnation without first being offered to the condemnee at
4 the same price paid to the condemnee by the condemnor.
5 (3) If the property is not located within the corporate
6 boundaries of a county of the first or second class and has
7 not been substantially improved and was devoted to
8 agricultural use at the time of the condemnation, it may not
9 be disposed of within 12 years after condemnation without
10 first being offered to the condemnee at the same price paid
11 to the condemnee by the condemnor.
12 (b) Notice.--The condemnee shall be served with notice of
13 the offer in the same manner as prescribed for the service of
14 notices in section 305(b) (relating to notice to condemnee) and
15 shall have 90 days after receipt of notice to make written
16 acceptance.
17 (c) Certain conditional offers prohibited.--The condemnor
18 may not condition any offer required to be made to a condemnee
19 under subsection (a) on the payment by the condemnee of
20 additional fees, real estate taxes or payments in lieu of taxes
21 or other costs.
22 (d) Definitions.--As used in this section, the following
23 words and phrases shall have the meanings given to them in this
24 subsection:
25 "Agricultural commodity." Any plant and animal products,
26 including Christmas trees, produced in this Commonwealth for
27 commercial purposes.
28 "Agricultural use." Use of the land for the purpose of
29 producing an agricultural commodity or when devoted to and
30 meeting the requirements and qualifications for payments or
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1 other compensation pursuant to a soil conservation program under
2 an agreement with an agency of the Federal Government. Land
3 containing a farmhouse or other buildings related to farming
4 shall be deemed to be in agricultural use.
5 CHAPTER 5
6 PROCEDURE FOR DETERMINING DAMAGES
7 Sec.
8 501. Agreement as to damages.
9 502. Petition for appointment of viewers.
10 503. View.
11 504. Appointment of viewers.
12 505. Service of notice of view and hearing.
13 506. Additional condemnees, mortgagees and intervention.
14 507. Joint claims.
15 508. Appointment of trustee or guardian ad litem.
16 509. Furnishing of plans to viewers.
17 510. Powers of viewers.
18 511. Administrative matters for viewers' hearings.
19 512. Report of viewers.
20 513. Disagreement.
21 514. Filing of report of viewers.
22 515. Reports.
23 516. Right of appeal.
24 517. Appeals.
25 518. Disposition of appeal.
26 519. Allocation of damages.
27 520. Waiver of viewers' proceedings and termination by
28 stipulation.
29 521. Liens and distribution of damages.
30 522. Payment into court and distribution.
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1 § 501. Agreement as to damages.
2 At any stage of the proceedings, the condemnor and the
3 condemnee may agree upon all or any part or item of the damages
4 and proceed to have those parts or items not agreed upon
5 assessed as provided in this chapter. The condemnor may make
6 payment of any part or item agreed upon.
7 § 502. Petition for appointment of viewers.
8 (a) Contents of petition.--A condemnor, condemnee or
9 displaced person may file a petition requesting the appointment
10 of viewers, setting forth:
11 (1) A caption designating the condemnee or displaced
12 person as the plaintiff and the condemnor as the defendant.
13 (2) The date of the filing of the declaration of taking
14 and whether any preliminary objections have been filed and
15 remain undisposed of.
16 (3) In the case of a petition of a condemnee or
17 displaced person, the name of the condemnor.
18 (4) The names and addresses of all condemnees, displaced
19 persons and mortgagees known to the petitioner to have an
20 interest in the property acquired and the nature of their
21 interest.
22 (5) A brief description of the property acquired.
23 (6) A request for the appointment of viewers to
24 ascertain just compensation.
25 (b) Property included in condemnor's petition.--The
26 condemnor may include in its petition any or all of the property
27 included in the declaration of taking.
28 (c) Condemnation where no declaration of taking has been
29 filed.--
30 (1) An owner of a property interest who asserts that the
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1 owner's property interest has been condemned without the
2 filing of a declaration of taking may file a petition for the
3 appointment of viewers substantially in the form provided for
4 in subsection (a) setting forth the factual basis of the
5 petition.
6 (2) The court shall determine whether a condemnation has
7 occurred, and, if the court determines that a condemnation
8 has occurred, the court shall determine the condemnation date
9 and the extent and nature of any property interest condemned.
10 (3) The court shall enter an order specifying any
11 property interest which has been condemned and the date of
12 the condemnation.
13 (4) A copy of the order and any modification shall be
14 filed by the condemnor in the office of the recorder of deeds
15 of the county in which the property is located and shall be
16 indexed in the deed indices showing the condemnee as grantor
17 and the condemnor as grantee.
18 (d) Separate proceedings.--The court, in furtherance of
19 convenience or to avoid prejudice, may, on its own motion or on
20 motion of any party, order separate viewers' proceedings or
21 trial when more than one property has been included in the
22 petition.
23 § 503. View.
24 In every proceeding:
25 (1) At least one of the viewers appointed shall be an
26 attorney at law who shall be chairman of the board and who
27 shall attend the view.
28 (2) At least two of the three viewers appointed shall
29 view the property in question.
30 § 504. Appointment of viewers.
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1 (a) Court to appoint.--
2 (1) Upon the filing of a petition for the appointment of
3 viewers, the court, unless preliminary objections to the
4 validity of the condemnation or jurisdiction, warranting
5 delay, are pending, shall promptly appoint three viewers, who
6 shall view the premises, hold hearings and file a report.
7 (2) In counties of the first class, the court may
8 appoint an alternate viewer in addition to the three viewers
9 specifically appointed.
10 (3) The prothonotary shall promptly notify the viewers
11 of their appointment unless a local rule provides another
12 method of notification.
13 (4) No viewer shall represent a client or testify as an
14 expert witness before the board.
15 (b) Service of petition for the appointment of viewers and
16 order appointing viewers.--The petitioners shall promptly send
17 to all other parties by registered mail, return receipt
18 requested, a certified true copy of the petition for the
19 appointment of viewers and a copy of the court order appointing
20 the viewers if an order has been entered. A copy of the petition
21 and order, if entered, shall also be mailed to all mortgagees
22 and other lienholders of record.
23 (c) Notice of views and hearings.--The viewers shall give
24 notice of the time and place of all views and hearings. The
25 notice shall be given to all parties by not less than 30 days
26 written notice by registered mail, return receipt requested.
27 (d) Preliminary objections.--
28 (1) Any objection to the appointment of viewers may be
29 raised by preliminary objections filed within 30 days after
30 receipt of notice of the appointment of viewers.
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1 (2) Objections to the form of the petition or the
2 appointment or the qualifications of the viewers in any
3 proceeding or to the legal sufficiency or factual basis of a
4 petition filed under section 502(c) (relating to petition for
5 appointment of viewers) are waived unless included in
6 preliminary objections.
7 (3) An answer with or without new matter may be filed
8 within 20 days of service of preliminary objections, and a
9 reply to new matter may be filed within 20 days of service of
10 the answer.
11 (4) The court shall determine promptly all preliminary
12 objections and make any orders and decrees as justice
13 requires.
14 (5) If an issue of fact is raised, the court shall
15 conduct an evidentiary hearing or order that evidence be
16 taken by deposition or otherwise, but in no event shall
17 evidence be taken by the viewers on this issue.
18 § 505. Service of notice of view and hearing.
19 (a) General rule.--Notice of the view and hearing shall be
20 served, within or without this Commonwealth, by any competent
21 adult in the same manner as a civil action or by registered
22 mail, return receipt requested, to the last known address of the
23 condemnee and condemnor.
24 (b) Public posting.--If service cannot be made in the manner
25 set forth in subsection (a), then service shall be made by
26 posting a copy of the notice upon a public part of the property
27 and by publication, at the cost of the condemnor, once in a
28 newspaper of general circulation and once in the legal
29 publication, if any, designated by rule or order of court for
30 publication of legal notices, published in the county.
20050S0897B1369 - 23 -
1 (c) Proof of service.--Proof of service and the manner of
2 service shall be attached to the viewers' report.
3 § 506. Additional condemnees, mortgagees and intervention.
4 (a) Identification.--The condemnee, at or before the hearing
5 at which the claim is presented, shall furnish the viewers and
6 the condemnor with the names and addresses of all other
7 condemnees known to the condemnee to have an interest in his
8 property and the nature of their interests and the names and
9 addresses of all mortgagees and lienholders of record known to
10 the condemnee.
11 (b) Notice.--
12 (1) The viewers shall notify by written notice all
13 persons whose names are furnished under subsection (a) of the
14 pendency of the proceedings and of subsequent hearings.
15 (2) If these persons have not received 20 days' notice
16 of the hearing, the viewers shall, upon request, adjourn the
17 hearing to allow notice.
18 (c) Intervention.--The court may permit a mortgagee,
19 judgment creditor or other lienholder to intervene in the
20 proceedings where the person's interest is not adequately
21 protected, but a person shall not be a party to the proceedings
22 unless the person has intervened.
23 § 507. Joint claims.
24 (a) Required.--The claims of all the owners of the condemned
25 property, including joint tenants, tenants in common, life
26 tenants, remaindermen, owners of easements or ground rents and
27 all others having an interest in the property and the claims of
28 all tenants, if any, of the property, shall be heard or tried
29 together.
30 (b) Apportionment of damages.--The award of the viewers or
20050S0897B1369 - 24 -
1 the verdict on appeal from the viewers shall, first, fix the
2 total amount of damages for the property and, second, apportion
3 the total amount of damages between or among the several
4 claimants entitled to damages.
5 (c) Separate hearings.--Claims for special damages under
6 section 902 (relating to moving and related expenses of
7 displaced persons) may be heard or tried separately.
8 § 508. Appointment of trustee or guardian ad litem.
9 The court on its own motion may, or on petition of any party
10 in interest shall, appoint a trustee ad litem or guardian ad
11 litem, as may be appropriate, in accordance with general rules.
12 § 509. Furnishing of plans to viewers.
13 (a) Duty of condemnor.--The condemnor shall provide the
14 viewers at or before the view with a plan showing the entire
15 property involved, the improvements, the extent and nature of
16 the condemnation and any other physical data, including grades,
17 as may be necessary for the proper determination of just
18 compensation.
19 (b) Supplemental plans.--If, in the opinion of the viewers,
20 the plans are insufficient, the viewers may require the
21 submission of supplemental plans.
22 (c) Copies to condemnee.--Copies of the plans shall be
23 furnished at the same time, without cost, to the condemnee upon
24 written request.
25 (d) Condemnor to pay for condemnee cost.--If the condemnor
26 does not furnish a plan or the condemnor's plans are
27 insufficient, the court, on application of the condemnee, may
28 charge to the condemnor, as costs, reasonable expenses for plans
29 furnished by the condemnee.
30 § 510. Powers of viewers.
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1 (a) Proceedings.--
2 (1) The viewers may adjourn the proceedings from time to
3 time. Upon request of the viewers or a party, the court which
4 appointed the viewers shall issue a subpoena to testify or to
5 produce books and documents.
6 (2) All the viewers shall act, unless prevented by
7 sickness or other unavoidable cause, but a majority of the
8 viewers may hear, determine, act upon and report all matters
9 relating to the view for which they were appointed.
10 (b) Construction.--The provisions of this section shall not
11 be affected by the appointment of an alternate viewer as
12 provided for in section 504 (relating to appointment of
13 viewers).
14 § 511. Administrative matters for viewers' hearings.
15 (a) Facilities.--All viewers' hearings shall be held
16 publicly in a suitable place within the county designated by the
17 court.
18 (b) Stenographic notes.--Whenever in the opinion of the
19 viewers it is desirable, accurate stenographic notes of hearings
20 shall be taken, and copies of the notes shall be furnished to
21 the parties interested when desired upon payment of a sum fixed
22 by the rules and regulations of the respective court.
23 § 512. Report of viewers.
24 The viewers shall file a report which shall include in brief
25 and concise paragraph form:
26 (1) The date of their appointment as viewers.
27 (2) A reference to the notices of the time and place of
28 view and hearing with proof of service of notices, which
29 shall be attached to the report.
30 (3) A copy of the plan showing the extent of the taking
20050S0897B1369 - 26 -
1 or injury upon which the viewers' award is predicated and a
2 statement of the nature of the interest condemned.
3 (4) The date of the filing of the declaration of taking.
4 (5) A schedule of damages awarded and benefits assessed,
5 to and by whom payable, and for which property, separately
6 stated as follows: general damages, moving and removal
7 expenses, business dislocation damages and other items of
8 special damages authorized by this title and the date from
9 which damages for delay shall be calculated.
10 (6) In the case of a partial taking, a statement as to
11 the amount of the general damages attributable as severance
12 damages to the part of the property not taken, if the
13 apportionment has been requested in writing by the condemnee.
14 (7) Where there are several interests in the condemned
15 property, a statement of the total amount of damages and the
16 distribution between or among the several claimants.
17 (8) Whether there are other claimants to any interest or
18 estate in the property condemned and the viewers'
19 determination of the extent, if any, of each interest in the
20 property and in the award.
21 (9) Their rulings on any written requests for findings
22 of fact and conclusions of law submitted to them.
23 (10) Other matters they deem relevant.
24 § 513. Disagreement.
25 If a majority of the viewers do not agree on a decision,
26 three new viewers shall be appointed by the court upon
27 application of any interested party.
28 § 514. Filing of report of viewers.
29 (a) Time period for filing.--The viewers shall file their
30 report within 30 days of their final hearing or within 30 days
20050S0897B1369 - 27 -
1 from the filing of the transcription of the stenographic notes
2 of testimony. The transcription shall be filed within 30 days of
3 the final hearing.
4 (b) Copy of report and notice to parties.--Ten days before
5 the filing of their report, the viewers shall mail a copy of the
6 report to all parties or their attorneys of record, with notice
7 of the date of the intended filing and that the report shall
8 become final unless an appeal is filed within 30 days from the
9 date the report is filed.
10 (c) Correction of errors.--Prior to the filing of their
11 report, the viewers may correct any errors in the report and
12 give notice to the persons affected.
13 (d) Other entities to receive report.--A copy of the report,
14 when filed, shall also be mailed to all mortgagees of record and
15 other lienholders of record.
16 § 515. Reports.
17 (a) Multiple properties or claims.--The viewers may include
18 in one report one or more properties or claims under section 902
19 (relating to moving and related expenses of displaced persons)
20 referred to them under the same or separate petitions if the
21 properties are included in the same declaration of taking.
22 (b) Expenses and damages.--The viewers may file a separate
23 report for expenses and damages under section 902.
24 (c) Finality.--Each report shall be final as to the property
25 or properties included and subject to separate appeal.
26 § 516. Right of appeal.
27 (a) Extent of right.--
28 (1) Any party aggrieved by the decision of the viewers
29 may appeal to the court. The appeal shall raise all
30 objections of law or fact to the viewers' report.
20050S0897B1369 - 28 -
1 (2) The appeal shall be signed by the appellant or an
2 attorney or agent, and no verification shall be required.
3 (3) Any award of damages or assessment of benefits, as
4 the case may be, as to which no appeal is taken shall become
5 final as of course and shall constitute a final judgment.
6 (b) Consolidation.--The court, on its own motion or on
7 application of any party in interest, may consolidate separate
8 appeals involving only common questions of law as one
9 proceeding.
10 (c) Cross appeals.--If a timely appeal is filed by a party,
11 any other party may file an appeal within 15 days of the date on
12 which the first appeal was filed. An appeal may be taken from
13 less than all of an award.
14 (d) Withdrawal.--Prior to the beginning of testimony, any
15 party may withdraw its appeal without the consent of the other
16 parties.
17 § 517. Appeals.
18 (a) Contents.--The appeal shall set forth:
19 (1) The name of appellant and appellee.
20 (2) A brief description or identification of the
21 property involved and the condemnee's interest.
22 (3) A reference to the proceedings appealed from and the
23 date of the filing of the viewers' report.
24 (4) Objections, if any, to the viewers' report, other
25 than to the amount of the award.
26 (5) A demand for jury trial, if desired. If the
27 appellant desires a jury trial, the appellant shall at the
28 time of filing the appeal endorse the appeal or file
29 separately a written demand for jury trial, signed by the
30 appellant or counsel.
20050S0897B1369 - 29 -
1 (b) Jury trial.--
2 (1) If no demand for jury trial is made by the
3 appellant, any other party may file a written demand for jury
4 trial within 15 days after being served with a copy of the
5 appeal.
6 (2) If no party makes a demand for a jury trial as
7 provided in this section, the right to jury trial shall be
8 deemed to have been waived, and the court shall try the case
9 without a jury.
10 (c) Service.--The appellant shall serve a copy of the appeal
11 on all other parties within five days after filing the appeal.
12 Proof of service of a copy of the appeal shall be filed by the
13 appellant.
14 (d) Other pleadings not required.--No other pleadings shall
15 be required and the cause shall be deemed at issue.
16 § 518. Disposition of appeal.
17 An appeal shall be disposed as follows:
18 (1) All objections, other than to the amount of the
19 award, raised by the appeal shall be determined by the court
20 preliminarily.
21 (2) The court may confirm, modify or change the report
22 or refer it back to the same or other viewers. A decree
23 confirming, modifying or changing the report constitutes a
24 final order.
25 (3) The amount of damages shall be determined by the
26 court unless a jury trial has been demanded.
27 (4) At the trial of the case, the condemnee shall be the
28 plaintiff and the condemnor shall be the defendant.
29 § 519. Allocation of damages.
30 (a) Severance damages.--Upon appeal from an award of
20050S0897B1369 - 30 -
1 viewers, the court, upon the request of the plaintiff, shall,
2 after the jury or the court, if the trial is without jury, has
3 returned its general verdict, make a specific finding and
4 allocation of the amount of the general verdict attributable to
5 severance damages to the part of the property not taken.
6 (b) Other damages.--The jury, or the court in a trial
7 without a jury, shall make specific findings as to the portion
8 of the verdict allocated to:
9 (1) general damages;
10 (2) moving and removal expenses;
11 (3) business dislocation damages; and
12 (4) other items of special damages authorized by this
13 title;
14 except reasonable appraisal, attorney and engineering fees
15 recoverable under sections 306 (relating to preliminary
16 objections), 308 (relating to revocation of condemnation
17 proceedings), 709 (relating to condemnee's costs where no
18 declaration of taking filed) and 710 (relating to limited
19 reimbursement of appraisal, attorney and engineering fees),
20 which shall be determined by the court in an appropriate case.
21 § 520. Waiver of viewers' proceedings and termination by
22 stipulation.
23 (a) Waiver of viewers' proceedings.--The condemnor and
24 condemnee may, by written agreement filed with and approved by
25 the court, waive proceedings before viewers and proceed directly
26 to the court on agreed issues of law or fact. The proceedings
27 shall then be the same as on appeal from a report of viewers.
28 (b) Termination by stipulation.--At any time after filing of
29 a petition for the appointment of viewers, the parties may, by
30 stipulation filed with the prothonotary, terminate the viewers'
20050S0897B1369 - 31 -
1 proceedings as to all or part of the properties involved and
2 stipulate that judgment may be entered for the amount of damages
3 agreed on for each property interest covered by the stipulation.
4 A copy of the stipulation shall be filed with the viewers.
5 § 521. Liens and distribution of damages.
6 (a) Liens.--
7 (1) Damages payable to a condemnee under sections 701
8 (relating to just compensation; other damages) through 707
9 (relating to removal of machinery, equipment or fixtures),
10 713 (relating to delay compensation), 714 (relating to
11 consequential damages), 715 (relating to damages for vacation
12 of roads) and 902(b)(1) and (2) (relating to moving and
13 related expenses of displaced persons) shall be subject to a
14 lien for all taxes and municipal claims assessed against the
15 property and to all mortgages, judgments and other liens of
16 record against the property for which the particular damages
17 are payable, existing at the date of the filing of the
18 declaration of taking.
19 (2) The liens shall be paid out of the damages in order
20 of priority before any payment to the condemnee, unless
21 released.
22 (3) In the case of a partial taking or of damages under
23 sections 714 and 715, the lienholder shall be entitled only
24 to an equitable pro rata share of the damages lienable under
25 this section.
26 (b) Distribution of damages.--
27 (1) The condemnor shall distribute the damages properly.
28 If the condemnor is unable to determine proper distribution
29 of the damages, it may, without payment into court, petition
30 the court to distribute the damages and shall furnish the
20050S0897B1369 - 32 -
1 court with a schedule of proposed distribution.
2 (2) Notice of the filing of the petition and schedule of
3 proposed distribution shall be given to all condemnees,
4 mortgagees, judgment creditors and other lienholders, as
5 shown in the proposed schedule, in any manner as the court
6 may direct by general rule or special order.
7 (3) The court may hear the matter or may appoint a
8 master to hear and report or may order any issue tried by the
9 court and jury as may appear proper under all the
10 circumstances.
11 (4) The court shall then enter an order of distribution
12 of the fund.
13 § 522. Payment into court and distribution.
14 (a) Payment into court.--
15 (1) Upon refusal to accept payment of the damages or of
16 the estimated just compensation under section 307 (relating
17 to possession, right of entry and payment of compensation) or
18 if the party entitled thereto cannot be found or if for any
19 other reason the amount cannot be paid to the party entitled
20 thereto, the court upon petition of the condemnor, which
21 shall include a schedule of proposed distribution, may direct
22 payment and costs into court or as the court may direct in
23 full satisfaction.
24 (2) The condemnor shall give 20 days' notice of the
25 presentation of the petition, including a copy of the
26 schedule of the proposed distribution, to all parties in
27 interest known to the condemnor in any manner as the court
28 may direct by general rule or special order.
29 (3) If the court is satisfied in a particular case that
30 the condemnor failed to use reasonable diligence in giving
20050S0897B1369 - 33 -
1 notice, the court may, upon petition of any party in interest
2 adversely affected by the failure to give notice, order that
3 compensation for delay in payment be awarded to the party for
4 the period after deposit in court by the condemnor under this
5 section until the time the party in interest has received a
6 distribution of funds under this section.
7 (b) Distribution.--The court upon petition of any party in
8 interest shall distribute the funds paid under subsection (a) or
9 any funds deposited in court under section 307 to the persons
10 entitled thereto in accordance with the procedure in section 521
11 (relating to liens and distribution of damages), but, if no
12 petition is presented within a period of five years of the date
13 of payment into court, the court shall order the fund or any
14 balance remaining to be paid to the Commonwealth without
15 escheat. No fee shall be charged against these funds.
16 CHAPTER 7
17 JUST COMPENSATION AND MEASURE OF DAMAGES
18 Sec.
19 701. Just compensation; other damages.
20 702. Measure of damages.
21 703. Fair market value.
22 704. Effect of imminence of condemnation.
23 705. Contiguous tracts and unity of use.
24 706. Effect of condemnation use on after value.
25 707. Removal of machinery, equipment or fixtures.
26 708. Expenses incidental to transfer of title.
27 709. Condemnee's costs where no declaration of taking filed.
28 710. Limited reimbursement of appraisal, attorney and
29 engineering fees.
30 710.1. DEFRAYING ATTORNEY FEES IN CERTAIN CASES. <--
20050S0897B1369 - 34 -
1 711. Payment on account of increased mortgage costs.
2 712. Loss of rentals because of imminence of condemnation.
3 713. Delay compensation.
4 714. Consequential damages.
5 715. Damages for vacation of roads.
6 716. Attempted avoidance of monetary just compensation.
7 § 701. Just compensation; other damages.
8 A condemnee shall be entitled to just compensation for the
9 taking, injury or destruction of the condemnee's property,
10 determined as set forth in this chapter. Other damages shall
11 also be paid or awarded as provided in this title.
12 § 702. Measure of damages.
13 (a) Just compensation.--Just compensation shall consist of
14 the difference between the fair market value of the condemnee's
15 entire property interest immediately before the condemnation and
16 as unaffected by the condemnation and the fair market value of
17 the property interest remaining immediately after the
18 condemnation and as affected by the condemnation.
19 (b) Urban development or redevelopment condemnation.--In the
20 case of the condemnation of property in connection with any
21 urban development or redevelopment project, which property is
22 damaged by subsidence due to failure of surface support
23 resulting from the existence of mine tunnels or passageways
24 under the property or by reason of fires occurring in mine
25 tunnels or passageways or of burning coal refuse banks, the
26 damage resulting from the subsidence or underground fires or
27 burning coal refuse banks shall be excluded in determining the
28 fair market value of the condemnee's entire property interest
29 immediately before the condemnation.
30 (c) Value of property damaged by natural disaster.--
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1 (1) In the case of the condemnation of property in
2 connection with any program or project which property is
3 damaged by any natural disaster, the damage resulting from
4 the natural disaster shall be excluded in determining fair
5 market value of the condemnee's entire property interest
6 immediately before the condemnation.
7 (2) This subsection applies only where the damage
8 resulting from the natural disaster has occurred within five
9 years prior to the initiation of negotiations for or notice
10 of intent to acquire or order to vacate the property and
11 during the ownership of the property by the condemnee. The
12 damage to be excluded shall include only actual physical
13 damage to the property for which the condemnee has not
14 received any compensation or reimbursement.
15 § 703. Fair market value.
16 Fair market value shall be the price which would be agreed to
17 by a willing and informed seller and buyer, taking into
18 consideration, but not limited to, the following factors:
19 (1) The present use of the property and its value for
20 that use.
21 (2) The highest and best reasonably available use of the
22 property and its value for that use.
23 (3) The machinery, equipment and fixtures forming part
24 of the real estate taken.
25 (4) Other factors as to which evidence may be offered as
26 provided by Chapter 11 (relating to evidence).
27 § 704. Effect of imminence of condemnation.
28 Any change in the fair market value prior to the date of
29 condemnation which the condemnor or condemnee establishes was
30 substantially due to the general knowledge of the imminence of
20050S0897B1369 - 36 -
1 condemnation, other than that due to physical deterioration of
2 the property within the reasonable control of the condemnee,
3 shall be disregarded in determining fair market value.
4 § 705. Contiguous tracts and unity of use.
5 Where all or a part of several contiguous tracts in
6 substantially identical ownership is condemned or a part of
7 several noncontiguous tracts in substantially identical
8 ownership which are used together for a unified purpose is
9 condemned, damages shall be assessed as if the tracts were one
10 parcel.
11 § 706. Effect of condemnation use on after value.
12 (a) General rule.--In determining the fair market value of
13 the remaining property after a partial taking, consideration
14 shall be given to the use to which the property condemned is to
15 be put and the damages or benefits specially affecting the
16 remaining property due to its proximity to the improvement for
17 which the property was taken.
18 (b) Future damages and general benefits.--Future damages and
19 general benefits which will affect the entire community beyond
20 the properties directly abutting the property taken shall not be
21 considered in arriving at the after value.
22 (c) Special benefits.--Special benefits to the remaining
23 property shall in no event exceed the total damages, except in
24 cases where the condemnor is authorized under existing law to
25 make special assessments for benefits.
26 (d) Partial taking.--A partial taking shall not extinguish a
27 nonconforming use unless all or a substantial portion of the
28 improvements on the property are within the area of the property
29 taken.
30 § 707. Removal of machinery, equipment or fixtures.
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1 (a) Notice to condemnee.--In the event the condemnor does
2 not require for its use machinery, equipment or fixtures forming
3 part of the real estate, it shall so notify the condemnee.
4 (b) Condemnee election.--
5 (1) The condemnee may within 30 days of the notice elect
6 to remove the machinery, equipment or fixtures unless the
7 time is extended by the condemnor.
8 (2) If the condemnee so elects, the damages shall be
9 reduced by the fair market value of the machinery, equipment
10 or fixtures severed from the real estate.
11 § 708. Expenses incidental to transfer of title.
12 An acquiring agency shall, on the date of payment of the
13 purchase price of amicably acquired real property or of payment
14 or tender of estimated just compensation in a condemnation
15 proceeding to acquire real property, whichever is earlier or as
16 soon as is practicable, reimburse the owner for expenses
17 necessarily incurred for:
18 (1) Recording fees, transfer taxes and similar expenses
19 incidental to conveying the real property to the acquiring
20 agency.
21 (2) Penalty costs for prepayment for any preexisting
22 recorded mortgage entered into in good faith encumbering the
23 real property.
24 (3) The pro rata portion of real property taxes paid
25 which are allocable to a period subsequent to the date of
26 vesting title in the acquiring agency or the effective date
27 of possession of the real property by the acquiring agency,
28 whichever is earlier.
29 (4) The pro rata portion of water and sewer charges paid
30 to a taxing entity or a local authority allocable to a period
20050S0897B1369 - 38 -
1 subsequent to the effective date of possession of the real
2 property by the acquiring agency.
3 § 709. Condemnee's costs where no declaration of taking filed.
4 Where proceedings are instituted by a condemnee under section
5 502(c) (relating to petition for appointment of viewers), a
6 judgment awarding compensation to the condemnee for the taking
7 of property shall include reimbursement of reasonable appraisal,
8 attorney and engineering fees and other costs and expenses
9 actually incurred.
10 § 710. Limited reimbursement of appraisal, attorney and
11 engineering fees.
12 (a) General rule.--The owner of any right, title or interest
13 in real property acquired or injured by an acquiring agency, who
14 is not eligible for reimbursement of fees under section 306(g)
15 (relating to preliminary objections), 308(e) (relating to
16 revocation of condemnation proceedings) or 709 (relating to
17 condemnee's costs where no declaration of taking filed), shall
18 be reimbursed in an amount not to exceed $3,000 as a payment
19 toward reasonable expenses actually incurred for appraisal,
20 attorney and engineering fees.
21 (b) Attorney fees.--In determining reasonable attorney fees
22 under sections 306(g), 308(e) and 709, the court shall consider
23 all of the circumstances of the case, including, but not limited
24 to, time records if available.
25 § 710.1. DEFRAYING ATTORNEY FEES IN CERTAIN CASES. <--
26 AT THE TIME OF THE ENTRY OF A FINAL AWARD OR JUDGMENT OF JUST
27 COMPENSATION, UNLESS REASONABLE EXPENSES INCURRED FOR APPRAISAL,
28 ATTORNEY AND ENGINEERING FEES ARE PAYABLE UNDER SECTION 308
29 (RELATING TO REVOCATION OF CONDEMNATION PROCEEDINGS) OR 709
30 (RELATING TO CONDEMNEE'S COSTS WHERE NO DECLARATION OF TAKING
20050S0897B1369 - 39 -
1 FILED), IF THE AMOUNT OF THE AWARD OR JUDGMENT IS GREATER THAN
2 AN AMOUNT CALCULATED BY MULTIPLYING THE AMOUNT OF ESTIMATED JUST
3 COMPENSATION PAID OR TENDERED TO THE CONDEMNEE AS REQUIRED BY
4 SECTION 307 (RELATING TO POSSESSION, RIGHT OF ENTRY AND PAYMENT
5 OF COMPENSATION) OR PAID INTO COURT AS PROVIDED BY SECTION 522
6 (RELATING TO PAYMENT INTO COURT AND DISTRIBUTION) MULTIPLIED BY
7 1.25, BEFORE CALCULATING DELAY COMPENSATION PAYABLE, IF ANY,
8 PURSUANT TO SECTION 711 (RELATING TO PAYMENT ON ACCOUNT OF
9 INCREASED MORTGAGE COSTS), THEN, TO DEFRAY THE CONDEMNEE'S COST
10 OF LITIGATION, THE AMOUNT TO BE ENTERED SHALL BE ENHANCED BY THE
11 DIFFERENCE BETWEEN:
12 (1) THE REASONABLE ATTORNEY FEES INCURRED DURING THE
13 REPRESENTATION PAID OR OWED BY THE CONDEMNEE; AND
14 (2) THE AMOUNT ACTUALLY PAID TO THE CONDEMNEE FOR
15 ATTORNEY FEES UNDER SECTION 710 (RELATING TO LIMITED
16 REIMBURSEMENT OF APPRAISAL, ATTORNEY AND ENGINEER FEES).
17 § 711. Payment on account of increased mortgage costs.
18 (a) Reimbursement of owner.--Whenever the acquisition of
19 property by an acquiring agency results in the termination of an
20 installment purchase contract, mortgage or other evidence of
21 debt on the acquired property, requiring the legal or equitable
22 owner to enter into another installment purchase contract,
23 mortgage or other evidence of debt on the property purchased for
24 the same use as the acquired property, a legal or equitable
25 owner who does not qualify for a payment under section 903(a)(2)
26 (relating to replacement housing for homeowners) shall be
27 compensated for any increased interest and other debt service
28 costs which the owner is required to pay for financing the
29 acquisition of the replacement property.
30 (b) Determination of amount.--
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1 (1) Compensation for any increased interest and other
2 debt service costs shall be equal to the excess in the
3 aggregate interest and other debt service costs of that
4 amount on the principal of the installment purchase contract,
5 mortgage or other evidence of debt on the replacement
6 property which is equal to the unpaid balance of the
7 installment purchase contract, mortgage or other evidence of
8 debt on the acquired property over the remaining term of the
9 installment purchase contract, mortgage or other evidence of
10 debt on the acquired property reduced to present worth.
11 (2) The discount rate to be used in reducing to present
12 worth shall be the prevailing interest rate paid on savings
13 deposits by commercial banks in the general area in which the
14 replacement property is located.
15 (3) The amount shall be paid only if the acquired
16 property was subject to an installment purchase contract or
17 encumbered by a bona fide mortgage or other evidence of debt
18 secured by the property which was a valid lien on the
19 property for not less than 180 days prior to the initiation
20 of negotiations for the acquisition of the property.
21 § 712. Loss of rentals because of imminence of condemnation.
22 (a) General rule.--The condemnee shall be entitled to
23 receive as special damages compensation for any loss, suffered
24 prior to the date of taking, caused by a reduction of income
25 from rentals which the condemnee establishes was substantially
26 due to the general knowledge of the imminence of condemnation,
27 other than that due to physical deterioration of the property
28 within the reasonable control of the condemnee.
29 (b) Applicability.--This section applies only to losses of
30 rental income suffered following a 60-day period subsequent to
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1 written notice from the condemnee to the condemnor that losses
2 of rental income are being suffered. Total damages under this
3 section shall not exceed $24,000.
4 § 713. Delay compensation.
5 (a) General rule.--Compensation for delay in payment shall
6 be paid at an annual rate equal to the prime rate as listed in
7 the first edition of the Wall Street Journal published in the
8 year, plus 1%, not compounded, from:
9 (1) the date of relinquishment of possession of the
10 condemned property by the condemnee; or
11 (2) if possession is not required to effectuate
12 condemnation, the date of condemnation.
13 (b) Exclusion.--
14 (1) No compensation for delay shall be payable with
15 respect to funds paid on account or by deposit in court after
16 the date of the payment or deposit.
17 (2) During the period the condemnee remains in
18 possession after the condemnation:
19 (i) the condemnee shall not be entitled to
20 compensation for delay in payment; and
21 (ii) the condemnor shall not be entitled to rent or
22 other charges for use and occupancy of the condemned
23 property by the condemnee.
24 (c) Award or judgment.--Compensation for delay shall not be
25 included by the viewers or the court or jury on appeal as part
26 of the award or verdict but shall, at the time of payment of the
27 award or judgment, be calculated under subsection (a) and added
28 to the award or judgment. There shall be no further or
29 additional payment of interest on the award or verdict.
30 § 714. Consequential damages.
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1 All condemnors, including the Commonwealth, shall be liable
2 for damages to property abutting the area of an improvement
3 resulting from change of grade of a road or highway, permanent
4 interference with access or injury to surface support, whether
5 or not any property is taken.
6 § 715. Damages for vacation of roads.
7 Whenever a public road, street or highway is vacated, the
8 affected owners may recover damages for any injuries sustained,
9 even though no land is actually taken.
10 § 716. Attempted avoidance of monetary just compensation.
11 Where a condemnor attempts to avoid the payment of monetary
12 just compensation to which the condemnee otherwise would be
13 entitled by use of a substitute for monetary compensation and
14 the condemnee incurs expenses, including appraisal, attorney and
15 engineering fees, in securing an adjudication that the
16 substitute is not adequate, the condemnee shall be reimbursed by
17 the condemnor for all these expenses incurred.
18 CHAPTER 9
19 SPECIAL DAMAGES FOR DISPLACEMENT
20 Sec.
21 901. Definitions.
22 902. Moving and related expenses of displaced persons.
23 903. Replacement housing for homeowners.
24 904. Replacement housing for tenants and others.
25 905. Housing replacement authorization.
26 906. Regulations.
27 907. Payments not to be considered as income or resources.
28 § 901. Definitions.
29 The following words and phrases when used in this chapter
30 shall have the meanings given to them in this section unless the
20050S0897B1369 - 43 -
1 context clearly indicates otherwise:
2 "Acquiring agency." The term includes an agency or person
3 that is carrying out a program or project to the extent that the
4 agency or person causes a person to become a displaced person.
5 § 902. Moving and related expenses of displaced persons.
6 (a) Reasonable expenses incurred.--
7 (1) A displaced person shall be reimbursed for
8 reasonable expenses incurred in moving the displaced person
9 and the person's family and for the removal, transportation
10 and reinstallation of personal property.
11 (i) Receipts shall be prima facie evidence of
12 incurred reasonable moving expenses.
13 (ii) Any displaced person who is displaced from a
14 dwelling may elect to receive, in lieu of reimbursement
15 of incurred moving expenses, a moving expense and
16 dislocation allowance determined according to a schedule
17 established by the acquiring agency.
18 (2) As used in this subsection, the following words and
19 phrases shall have the meanings given to them in this
20 paragraph:
21 "Displaced person." Includes a person who moves from
22 real property or moves personal property:
23 (i) as a direct result of a written notice of intent
24 to acquire or the acquisition of other real property, in
25 whole or in part, on which the person conducts a business
26 or farm operation for a program or project undertaken by
27 an acquiring agency; or
28 (ii) as a direct result of rehabilitation,
29 demolition or other displacing activity of other real
30 property on which such person conducts a business or a
20050S0897B1369 - 44 -
1 farm operation under a program or project undertaken by
2 an acquiring agency if the displacement is permanent.
3 (b) Damages for dislocation of business or farm operation.--
4 A displaced person who is displaced from a place of business or
5 from a farm operation shall be entitled, in addition to any
6 payment received under subsection (a), to damages for
7 dislocation of business or farm operation as follows:
8 (1) Damages equal to the value in place of the personal
9 property which:
10 (i) is not moved because of the discontinuance of
11 the business or farm operation or the unavailability of a
12 comparable site for relocation; or
13 (ii) cannot be moved without substantially
14 destroying or diminishing its utility in the relocated
15 business or farm operation.
16 (2) (i) In lieu of the damages provided in paragraph
17 (1), at the option of the displaced person, an amount not
18 to exceed $12,000 to be determined by taking 50% of the
19 difference, if any, between the original cost of the
20 personal property to the displaced person or the
21 replacement cost of equivalent property at the time of
22 sale, whichever is lower, and the net proceeds obtained
23 by the displaced person at a commercially reasonable
24 private or public sale.
25 (ii) If this option is selected, the displaced
26 person shall give the acquiring agency not less than 60
27 days' notice in writing of intention to seek damages
28 under this option.
29 (iii) The displaced person shall not, directly or
30 indirectly, purchase any of the personal property at
20050S0897B1369 - 45 -
1 private sale. Inventory shall be paid for under this
2 option only if the business is not relocated.
3 (3) Actual reasonable expenses in searching for a
4 replacement business or farm.
5 (4) Actual reasonable expenses necessary to reestablish
6 a displaced farm, nonprofit organization or small business at
7 its new site, but not to exceed $12,000. Sites occupied
8 solely by outdoor advertising signs, displays or devices do
9 not qualify for this benefit.
10 (5) (i) In addition to damages under subsection (a) and
11 paragraphs (1), (2), (3) or (4), damages in an amount
12 equal to the average annual net earnings but not more
13 than $60,000 nor less than $3,000.
14 (ii) Payment shall be made only if the business
15 cannot be relocated without a substantial loss of profits
16 and if the business is not part of a commercial
17 enterprise having more than three other entities which
18 are not being acquired by the acquiring agency and which
19 are under the same ownership and are engaged in the same
20 or similar business activities.
21 (iii) A person whose sole business at a dwelling
22 from which the person is displaced is the rental of such
23 property to others shall not qualify for a payment under
24 this paragraph.
25 (iv) As used in this paragraph, the term "average
26 annual net earnings" means one-half of any net earnings
27 of the business or farm operation before Federal, State
28 and local income taxes during the two taxable years
29 immediately preceding the taxable year in which the
30 business or farm operation moves from the real property
20050S0897B1369 - 46 -
1 acquired for a project and includes any compensation paid
2 by the business or farm operation to the owner, a spouse
3 or dependents during this period. The regulations
4 promulgated under section 906 (relating to regulations)
5 may designate another period determined to be more
6 equitable for establishing average annual net earnings as
7 long as the designated period does not produce a lesser
8 payment than would be produced by use of the last two
9 taxable years.
10 § 903. Replacement housing for homeowners.
11 (a) Additional payments to certain homeowners.--
12 (1) In addition to payments otherwise authorized, the
13 acquiring agency shall make an additional payment not in
14 excess of $27,000 to any displaced person who is displaced
15 from a dwelling actually owned and occupied by the displaced
16 person for not less than 180 days prior to the initiation of
17 negotiations for the acquisition of the property or the
18 receipt of written notice from the acquiring agency of intent
19 to acquire or order to vacate.
20 (2) The additional payment shall include the following
21 elements:
22 (i) The amount, if any, which, when added to the
23 acquisition cost of the acquired dwelling, equals the
24 reasonable cost of a comparable replacement dwelling
25 which is available to the displaced person on the private
26 market.
27 (ii) The amount, if any, which will compensate the
28 displaced person for any increased interest and other
29 debt service costs which the person is required to pay
30 for financing the acquisition of any comparable
20050S0897B1369 - 47 -
1 replacement dwelling. The amount shall be paid only if
2 the acquired dwelling was subject to an installment
3 purchase contract or encumbered by a bona fide
4 installment purchase contract, mortgage or other evidence
5 of debt secured by the dwelling which was a valid lien on
6 such dwelling for not less than 180 days immediately
7 prior to the initiation of negotiations for the
8 acquisition of such dwelling.
9 (iii) Reasonable expenses incurred by the displaced
10 person for evidence of title, recording and attorney
11 fees, real property transfer taxes and other closing and
12 related costs incident to the purchase and financing of
13 the replacement dwelling, but not including prepaid
14 expenses.
15 (b) One-year time period for purchase of replacement
16 dwelling.--
17 (1) The additional payment authorized by this section
18 shall be made only to a displaced person who purchases and
19 occupies a replacement dwelling, which is decent, safe,
20 sanitary and adequate to accommodate the displaced person,
21 not later than the end of the one-year period beginning on
22 the date on which the person receives final payment of full
23 acquisition cost for the acquired dwelling or on the date on
24 which the person moves from the acquired dwelling, whichever
25 is later. Regulations issued under section 906 (relating to
26 regulations) may prescribe situations when the one-year
27 period may be extended.
28 (2) If the period is extended, the payment under this
29 section shall be based on the costs of relocating the person
30 to a comparable replacement dwelling within one year of the
20050S0897B1369 - 48 -
1 date on which the person received final payment of full
2 acquisition costs for the acquired dwelling.
3 (c) Right of election.--The person entitled under this
4 section shall have the right to elect the benefits available
5 under section 904 (relating to replacement housing for tenants
6 and others) in lieu of those provided by this section.
7 § 904. Replacement housing for tenants and others.
8 (a) Payment to certain displaced persons.--
9 (1) In addition to amounts otherwise authorized, an
10 acquiring agency shall make a payment to or for any displaced
11 person displaced from a dwelling not eligible to receive a
12 payment under section 903 (relating to replacement housing
13 for homeowners), which dwelling was actually and lawfully
14 occupied by the displaced person for not less than 90 days
15 prior to the initiation of negotiations for acquisition of
16 the dwelling or the receipt of written notice from the
17 acquiring agency of intent to acquire or order to vacate. The
18 payment shall be the amount determined to be necessary to
19 enable the displaced person to lease a comparable replacement
20 dwelling for a period not to exceed 42 months. The amount
21 shall be the additional amount, if any, over the actual
22 rental or fair rental value of the acquired dwelling, but not
23 more than $6,300.
24 (2) Any person eligible for a payment under paragraph
25 (1) may elect to apply the payment to a down payment on, and
26 other incidental expenses pursuant to, the purchase of a
27 decent, safe and sanitary replacement dwelling.
28 (b) Condition of payment.--The additional payment authorized
29 by this section shall be made only to a displaced person who
30 occupies a replacement dwelling which is decent, safe and
20050S0897B1369 - 49 -
1 sanitary.
2 § 905. Housing replacement authorization.
3 (a) Short title of section.--This section shall be known and
4 may be cited as the Housing Replacement Authorization Act.
5 (b) Housing replacements by acquiring agency as last
6 resort.--
7 (1) If comparable replacement sale or rental housing is
8 not available in the neighborhood or community in which a
9 program or project is located and this housing cannot
10 otherwise be made available, the acquiring agency may
11 purchase, construct, reconstruct or otherwise provide
12 replacement housing by use of funds authorized for the
13 program or project. For this purpose, the acquiring agency
14 may exercise its power of eminent domain to acquire property
15 in fee simple or any lesser estate as it deems advisable.
16 (2) Replacement housing provided under this section may
17 be sold, leased or otherwise disposed of by the acquiring
18 agency, for or without consideration, to displaced persons or
19 to nonprofit, limited dividend or cooperative organizations
20 or public bodies, on terms and conditions as the acquiring
21 agency deems necessary and proper to effect the relocation of
22 persons displaced by a program or project.
23 (3) The acquiring agency may contract with other public
24 agencies or any person for the financing, planning,
25 acquisition, development, construction, management, sale,
26 lease or other disposition of replacement housing provided
27 under this section.
28 (c) Planning and other preliminary expenses for replacement
29 housing.--
30 (1) A governmental acquiring agency may make loans and
20050S0897B1369 - 50 -
1 grants to nonprofit, limited dividend or cooperative
2 organizations or public bodies for necessary and reasonable
3 expenses, prior to construction, for planning and obtaining
4 mortgage financing for the rehabilitation or construction of
5 housing for these displaced persons.
6 (2) The loans and grants shall be made prior to the
7 availability of financing for items such as preliminary
8 surveys and analyses of market needs, preliminary site
9 engineering, preliminary architectural fees, legal, appraisal
10 and organizational fees, site acquisition, application and
11 mortgage commitment fees, construction loan fees and
12 discounts and similar items.
13 (3) Loans to an organization established for profit
14 shall bear interest at market rate determined by the
15 acquiring agency. All other loans and grants shall be without
16 interest.
17 (4) The acquiring agency shall require repayment of
18 loans and grants made under this section, under any terms and
19 conditions it requires, upon completion of the project or
20 sooner. However, except in the case of a loan to an
21 organization established for profit, the acquiring agency may
22 cancel any part or all of a loan and may cancel the repayment
23 provisions of a grant if it determines that a permanent loan
24 to finance the rehabilitation or the construction of the
25 housing cannot be obtained in an amount adequate for
26 repayment of the loan.
27 (d) Availability of funds.--Funds, including motor license
28 funds and other special funds, appropriated or otherwise
29 available to any acquiring agency for a program or project,
30 which results in the displacement of any person, shall be
20050S0897B1369 - 51 -
1 available also for obligations and expenditures to carry out the
2 provisions of this section.
3 § 906. Regulations.
4 The General Counsel may promulgate regulations necessary to
5 assure that:
6 (1) The payments authorized by this chapter shall be
7 made in a manner which is fair and reasonable and as uniform
8 as practicable.
9 (2) A displaced person who makes proper application for
10 a payment authorized for that person by this chapter shall be
11 paid promptly after a move or, in hardship cases, be paid in
12 advance.
13 (3) Any person aggrieved by a determination as to
14 eligibility for a payment authorized by this chapter or the
15 amount of a payment may elect to have the application
16 reviewed by the head of the acquiring agency.
17 (4) Each displaced person shall receive the maximum
18 payments authorized by this chapter.
19 (5) Each acquiring agency may obtain the maximum Federal
20 reimbursement for relocation payment and assistance costs
21 authorized by any Federal law.
22 § 907. Payments not to be considered as income or resources.
23 No payment received by a displaced person under this chapter
24 shall be considered as income or resources for the purpose of
25 determining the eligibility or extent of eligibility of any
26 person for assistance under any State law or for the purposes of
27 the State or local personal income or wage tax laws, corporation
28 tax laws or other tax laws. No payments under this chapter
29 except those provided for in section 902(b) (relating to moving
30 and related expenses of displaced persons) shall be subject to
20050S0897B1369 - 52 -
1 attachment or execution at law or in equity.
2 CHAPTER 11
3 EVIDENCE
4 Sec.
5 1101. Viewers' hearing.
6 1102. Condemnor's evidence before viewers.
7 1103. Trial in court on appeal.
8 1104. Competency of condemnee as witness.
9 1105. Evidence generally.
10 1106. Use of condemned property.
11 § 1101. Viewers' hearing.
12 The viewers may hear testimony, receive evidence and make
13 independent investigation as they deem appropriate, without
14 being bound by formal rules of evidence.
15 § 1102. Condemnor's evidence before viewers.
16 The condemnor shall, at the hearing before the viewers,
17 present expert testimony of the amount of damages suffered by
18 the condemnee.
19 § 1103. Trial in court on appeal.
20 At the trial in court on appeal:
21 (1) Either party may, as a matter of right, have the
22 jury or the judge in a trial without a jury view the property
23 involved, notwithstanding that structures have been
24 demolished or the site altered, and the view shall be
25 evidentiary. If the trial is with a jury, the trial judge
26 shall accompany the jury on the view.
27 (2) If any valuation expert who has not previously
28 testified before the viewers is to testify, the party calling
29 the expert must disclose the expert's name and serve a
30 statement of the valuation of the property before and after
20050S0897B1369 - 53 -
1 the condemnation and the expert's opinion of the highest and
2 best use of the property before the condemnation and of any
3 part remaining after the condemnation on the opposing party
4 at least ten days before the commencement of the trial.
5 (3) The report of the viewers and the amount of their
6 award shall not be admissible as evidence.
7 § 1104. Competency of condemnee as witness.
8 The condemnee or an officer of a corporate condemnee, without
9 further qualification, may testify as to just compensation
10 without compliance with the provisions of section 1103(2)
11 (relating to trial in court on appeal).
12 § 1105. Evidence generally.
13 At the hearing before the viewers or at the trial in court on
14 appeal:
15 (1) A qualified valuation expert may, on direct or
16 cross-examination, state any or all facts and data which the
17 expert considered in arriving at an opinion, whether or not
18 the expert has personal knowledge of the facts and data; and
19 a statement of the facts and data and the sources of
20 information shall be subject to impeachment and rebuttal.
21 (2) A qualified valuation expert may, on direct or
22 cross-examination, testify in detail as to the valuation of
23 the property on a comparable market value, reproduction cost
24 or capitalization basis, which testimony may include, but
25 shall not be limited to, the following:
26 (i) The price and other terms of any sale or
27 contract to sell the condemned property or comparable
28 property made within a reasonable time before or after
29 the date of condemnation.
30 (ii) The rent reserved and other terms of any lease
20050S0897B1369 - 54 -
1 of the condemned property or comparable property which
2 was in effect within a reasonable time before or after
3 the date of condemnation.
4 (iii) The capitalization of the net rental or
5 reasonable net rental value of the condemned property,
6 including reasonable net rental values customarily
7 determined by a percentage or other measurable portion of
8 gross sales or gross income of a business which may
9 reasonably be conducted on the premises, as distinguished
10 from the capitalized value of the income or profits
11 attributable to any business conducted on the premises of
12 the condemned property.
13 (iv) The value of the land together with the cost of
14 replacing or reproducing the existing improvements less
15 depreciation or obsolescence.
16 (v) The cost of adjustments and alterations to any
17 remaining property made necessary or reasonably required
18 by the condemnation.
19 (3) Either party may show the difference between the
20 condition of the property and of the immediate neighborhood
21 at the time of condemnation and at the time of view, either
22 by the viewers or jury.
23 (4) The assessed valuations of property condemned shall
24 not be admissible in evidence for any purpose.
25 (5) A qualified valuation expert may testify that the
26 expert has relied upon the written report of another expert
27 as to the cost of adjustments and alterations to any
28 remaining property made necessary or reasonably required by
29 the condemnation, but only if a copy of the written report
30 has been furnished to the opposing party ten days in advance
20050S0897B1369 - 55 -
1 of the trial.
2 (6) If otherwise qualified, a valuation expert shall not
3 be disqualified by reason of not having made sales of
4 property or not having examined the condemned property prior
5 to the condemnation if the expert can show he has acquired
6 knowledge of its condition at the time of the condemnation.
7 § 1106. Use of condemned property.
8 In arriving at a valuation of the remaining part of the
9 property in a partial condemnation, an expert witness may
10 consider and testify to the use to which the condemned property
11 is intended to be put by the condemnor.
12 Section 2. Title 42 is amended by adding a section to read:
13 § 702.1. Expedited appeals in eminent domain proceedings.
14 When a court in an eminent domain proceeding rules on
15 preliminary objections to a declaration of taking and is of the
16 opinion that the matters involved are of immediate public
17 importance, it shall, upon request of a party, so state in the
18 order. If an appeal is taken from that order, the appellate
19 court shall give priority to the determination of the issues
20 raised by the appeal.
21 Section 3. Sections 5526(4), 5527, 5530(a)(3) and 6121 of
22 Title 42 are amended to read:
23 § 5526. Five year limitation.
24 The following actions and proceedings must be commenced
25 within five years:
26 * * *
27 [(4) A proceeding in inverse condemnation, if property
28 has been injured but no part thereof has been taken, or if
29 the condemnor has made payment in accordance with section
30 407(a) or (b) (relating to possession and payment of
20050S0897B1369 - 56 -
1 compensation) of the act of June 22, 1964 (Sp.Sess., P.L.84,
2 No.6), known as the "Eminent Domain Code."]
3 § 5527. Six year limitation.
4 (a) Eminent domain.--
5 (1) (i) If a condemnor has filed a declaration of
6 taking, a petition for the appointment of viewers for the
7 assessment of damages under Title 26 (relating to eminent
8 domain) must be filed within six years from the date on
9 which the condemnor first made payment in accordance with
10 26 Pa.C.S. § 307(a) or (b) (relating to possession, right
11 of entry and payment of compensation).
12 (ii) If payment is not required to be made under 26
13 Pa.C.S. § 307(a) to obtain possession, a petition for the
14 appointment of viewers must be filed within six years of
15 the filing of the declaration of taking.
16 (2) If the condemnor has not filed a declaration of
17 taking, a petition for the appointment of viewers for the
18 assessment of damages under Title 26 must be filed within six
19 years from the date on which the asserted taking, injury or
20 destruction of the property occurred or could reasonably have
21 been discovered by the condemnee.
22 (b) Other civil action or proceeding.--Any civil action or
23 proceeding which is neither subject to another limitation
24 specified in this subchapter nor excluded from the application
25 of a period of limitation by section 5531 (relating to no
26 limitation) must be commenced within six years.
27 § 5530. Twenty-one year limitation.
28 (a) General rule.--The following actions and proceedings
29 must be commenced within 21 years:
30 * * *
20050S0897B1369 - 57 -
1 [(3) A proceeding in inverse condemnation, if property
2 has been taken and the condemnor has not made payment in
3 accordance with section 407(a) or (b) (relating to possession
4 and payment of compensation) of the act of June 22, 1964
5 (Sp.Sess., P.L.84, No.6), known as the "Eminent Domain
6 Code."]
7 * * *
8 § 6121. Eminent domain matters.
9 Eminent domain matters shall be governed by the provisions of
10 [Article VII (relating to evidence) of the act of June 22, 1964
11 (Sp.Sess., P.L.84, No.6), known as the "Eminent Domain Code,"]
12 26 Pa.C.S. Ch. 11 (relating to evidence) in addition to the
13 provisions of this chapter.
14 Section 4. Section 1505 of Title 51 is amended to read:
15 § 1505. Donation of land by political subdivisions.
16 It shall be lawful for any county, city, borough, town or
17 township to acquire by purchase or by gift, or by the right of
18 eminent domain, any land for the use of the Pennsylvania
19 National Guard, and to convey such lands so acquired to the
20 Commonwealth of Pennsylvania. The proceedings for the
21 condemnation of lands under the provisions of this chapter and
22 for the assessment of damages for the property taken, injured or
23 destroyed shall be taken in the same manner as is now provided
24 by [the act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as
25 the "Eminent Domain Code."] Title 26 (relating to eminent
26 domain).
27 Section 5. Repeals are as follows:
28 (1) The General Assembly declares that the repeal under
29 paragraph (2) is necessary to effectuate the amendment or
30 addition of 26 Pa.C.S. Chs. 1, 3, 5, 7, 9 and 11 and 42
20050S0897B1369 - 58 -
1 Pa.C.S. §§ 702.1, 5526(4), 5527, 5530(a)(3) and 6121.
2 (2) The following acts and parts of acts are repealed:
3 Section 2003(e)(2)(i)(B) of the act of April 9, 1929
4 (P.L.177, No.175), known as The Administrative Code of
5 1929.
6 Act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known
7 as the Eminent Domain Code.
8 Act of December 29, 1971 (P.L.646, No.170), entitled
9 "An act to allow for the provision of relocation
10 assistance and the payment of relocation benefits under
11 federally assisted programs to persons who would not
12 qualify for such payments under the Eminent Domain Code
13 of the Commonwealth of Pennsylvania."
14 Act of December 6, 1972 (P.L.1410, No.304), known as
15 the Housing Replacement Authorization Act.
16 As much of section 302(a) of the act of December 21,
17 1988 (P.L.1444, No.177), known as the General Association
18 Act of 1988, as reads as follows: "A court may issue a
19 writ of possession to the condemnor prior to the
20 disposition of preliminary objections which challenge the
21 validity of a condemnation of rights-of-way or easements
22 for occupation by water, electric, gas, oil and/or
23 petroleum products, telephone or telegraph lines used
24 directly or indirectly in furnishing service to the
25 public, and if it shall be determined finally that the
26 condemnation is invalid in whole or in part, the affected
27 owners may recover damages for any injuries sustained
28 thereby and shall be entitled to such equitable relief as
29 may be appropriate in the circumstances."
30 (3) Except as to the measure of damages prescribed by 26
20050S0897B1369 - 59 -
1 Pa.C.S. Ch. 7, nothing in this act shall repeal, modify or
2 supplant Articles XXVII, XXVIII and XXIX of the act of July
3 28, 1953 (P.L.723, No.230), known as the Second Class County
4 Code, as they are applicable to procedures in the court of
5 common pleas with respect to bridges, viaducts, culverts and
6 roads.
7 (4) The following provisions are saved from repeal:
8 Section 2003(e)(7) of the act of April 9, 1929
9 (P.L.177, No.175), known as The Administrative Code of
10 1929.
11 15 Pa.C.S. § 1511(g)(2).
12 (5) All other acts and parts of acts are repealed
13 insofar as they are inconsistent with this act.
14 Section 6. Applicability shall be as follows:
15 (1) Except as provided in paragraph (2) or (3) (3) OR <--
16 (4), this act shall apply to all condemnations effected on or
17 after the effective date of this section.
18 (2) THE ADDITION OF 26 PA.C.S. § 710.1 SHALL APPLY TO <--
19 ALL OF THE FOLLOWING:
20 (I) ACTIONS FILED ON OR AFTER THE EFFECTIVE DATE OF
21 THIS SECTION.
22 (II) AN ACTION PENDING ON THE EFFECTIVE DATE OF THIS
23 SECTION IN WHICH:
24 (A) A FINAL AWARD OR JUDGMENT HAS NOT BEEN
25 DETERMINED; AND
26 (B) THE CONDEMNOR HAS THE OPPORTUNITY TO PAY OR
27 TENDER A REVISED ESTIMATED JUST COMPENSATION TO THE
28 CONDEMNEE BEFORE THE DETERMINATION OF THE FINAL AWARD
29 OR JUDGMENT.
30 (2) (3) The addition of 26 Pa.C.S. § 713(a) shall apply <--
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1 to all periods of time after the effective date of this
2 section with respect to condemnations effected prior to the
3 effective date of this section.
4 (3) (4) The amendment of 42 Pa.C.S. §§ 5526(4), 5527 and <--
5 5530(a)(3) shall apply only to causes of action which accrue
6 after the effective date of this section.
7 Section 7. This act shall take effect in 60 days.
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