PRINTER'S NO. 1185
No. 983 Session of 2001
INTRODUCED BY BRIGHTBILL, PICCOLA, M. WHITE, MUSTO, THOMPSON,
LEMMOND, CORMAN AND EARLL, JUNE 12, 2001
REFERRED TO STATE GOVERNMENT, JUNE 12, 2001
AN ACT
1 Amending Titles 26 (Eminent Domain), 42 (Judiciary and Judicial
2 Procedure) and 51 (Military Affairs) of the Pennsylvania
3 Consolidated Statutes, adding provisions relating to eminent
4 domain; and making repeals.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 26 of the Pennsylvania Consolidated
8 Statutes is amended by adding chapters to read:
9 TITLE 26
10 EMINENT DOMAIN
11 Chapter
12 1. General Provisions
13 3. Procedure to Condemn
14 5. Procedure for Determining Damages
15 7. Just Compensation and Measure of Damages
16 9. Special Damages for Displacement
17 11. Evidence
18 CHAPTER 1
1 GENERAL PROVISIONS
2 Sec.
3 101. Short title of title.
4 102. Application of title.
5 103. Definitions.
6 § 101. Short title of title.
7 This title shall be known and may be cited as the Eminent
8 Domain Code.
9 § 102. Application of title.
10 This title provides a complete and exclusive procedure and
11 law to govern all condemnations of property for public purposes
12 and the assessment of damages. Nothing in this title shall
13 affect the jurisdiction or power of the Pennsylvania Public
14 Utility Commission or any statute providing for the assessment
15 of benefits for public improvements on the properties benefited.
16 Nothing in this title shall enlarge or diminish the power of
17 condemnation given by law to any condemnor.
18 § 103. Definitions.
19 Subject to additional definitions contained in subsequent
20 provisions of this title which are applicable to specific
21 provisions of this title, the following words and phrases when
22 used in this title shall have the meanings given to them in this
23 section unless the context clearly indicates otherwise:
24 "Acquiring agency." Any entity, including the Commonwealth,
25 vested with the power of eminent domain by the laws of this
26 Commonwealth. This definition is subject to section 901
27 (relating to definitions).
28 "Acquisition cost." General damages or, in the event of
29 amicable acquisition, the price paid by the acquiring agency.
30 "Business." Any lawful activity, except a farm operation,
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1 conducted:
2 (1) primarily for the purchase, sale, lease or rental of
3 personal or real property or for the manufacture, processing
4 or marketing of products, commodities or any other personal
5 property;
6 (2) primarily for the sale of services to the public;
7 (3) primarily for outdoor advertising display purposes,
8 if the display must be moved as a result of the project; or
9 (4) by a nonprofit organization.
10 "Comparable replacement dwelling." A dwelling that is:
11 (1) Decent, safe and sanitary.
12 (2) Adequate in size to accommodate the occupants.
13 (3) Within the financial means of the displaced person.
14 (4) Functionally equivalent.
15 (5) In an area not subject to unreasonable adverse
16 environmental conditions.
17 (6) In a location generally not less desirable than the
18 location of the displaced person's dwelling with respect to
19 public utilities, facilities, services and the displaced
20 person's place of employment.
21 "Condemn." To take, injure or destroy property by authority
22 of law for a public purpose.
23 "Condemnee." The owner of a property interest taken, injured
24 or destroyed. The term does not include a mortgagee, judgment
25 creditor or other lienholder.
26 "Condemnor." The acquiring agency, including the
27 Commonwealth, that takes, injures or destroys property by
28 authority of law for a public purpose.
29 "Court." The court of common pleas.
30 "Displaced person."
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1 (1) Except as set forth in paragraph (2) or (3), any of
2 the following:
3 (i) A condemnee or other person that moves from real
4 property or moves personal property from real property:
5 (A) as a direct result of a written notice of
6 intent to acquire or the acquisition of the real
7 property, in whole or in part, for a program or
8 project undertaken by an acquiring agency; or
9 (B) on which such person is a residential tenant
10 or conducts a small business or a farm operation as a
11 direct result of rehabilitation, demolition or other
12 displacing activity for a program or project
13 undertaken by an acquiring agency if the displacement
14 is permanent.
15 (ii) A person that was in occupancy of the real
16 property on or before the date of acquisition,
17 notwithstanding the termination or expiration of a lease
18 entered into before or after the event giving rise to the
19 displacement.
20 (2) The term does not include any of the following:
21 (i) A person that unlawfully occupies the
22 displacement property or occupied the property for the
23 purpose of obtaining assistance under this title.
24 (ii) In any case in which the acquiring agency
25 acquires real property for a program or project, a
26 person, other than a person that was an occupant of the
27 property at the time it was acquired, that occupies the
28 property on a rental basis for a short term or a period
29 subject to termination when the property is needed for
30 the program or project.
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1 (3) This definition is subject to section 902(a)(2).
2 "Farm operation." Any activity conducted solely or primarily
3 for the production of one or more agricultural products or
4 commodities, including timber, for sale or home use and
5 customarily producing these products or commodities in
6 sufficient quantity to be capable of contributing materially to
7 the operator's support.
8 "Natural disaster." A disaster officially declared as a
9 natural disaster by the Governor.
10 "Personal property." Any tangible property not considered to
11 be real property for purposes of general damages under the laws
12 of this Commonwealth.
13 "Program or project." Any program or project undertaken by
14 or for an acquiring agency as to which it has the authority to
15 exercise the power of eminent domain.
16 "Small business." A business that has less than 501
17 employees who are:
18 (1) working at the site being acquired; or
19 (2) permanently displaced by a program or project.
20 "Utility." An entity that provides to the public:
21 (1) water products;
22 (2) electric products;
23 (3) gas products;
24 (4) oil products;
25 (5) petroleum products;
26 (6) telephone lines; or
27 (7) telegraph lines.
28 CHAPTER 3
29 PROCEDURE TO CONDEMN
30 Sec.
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1 301. Venue.
2 302. Declaration of taking.
3 303. Security required.
4 304. Recording notice of condemnation.
5 305. Notice to condemnee.
6 306. Preliminary objections.
7 307. Possession, right of entry and payment of compensation.
8 308. Revocation of condemnation proceedings.
9 309. Right to enter property prior to condemnation.
10 310. Abandonment of project.
11 § 301. Venue.
12 All condemnation proceedings shall be brought in the court of
13 the county in which the property is located or, if the property
14 is located in two or more counties, in the court of any one of
15 the counties. Where the property is located in two or more
16 counties and a proceeding is commenced in the court of one of
17 the counties, all subsequent proceedings regarding the same
18 property shall be brought in the same county.
19 § 302. Declaration of taking.
20 (a) Condemnation and passage of title.--Condemnation under
21 the power of condemnation given by law to a condemnor shall be
22 effected only by the filing in court of a declaration of taking
23 with the security required under section 303(a) (relating to
24 security required). The title which the condemnor acquires in
25 the property condemned shall pass to the condemnor on the date
26 of the filing, and the condemnor shall be entitled to possession
27 under section 307 (relating to possession, right of entry and
28 payment of compensation).
29 (b) Contents.--The declaration of taking shall be in writing
30 and executed by the condemnor and shall be captioned as a
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1 proceeding in rem and contain the following:
2 (1) The name and address of the condemnor.
3 (2) A specific reference to the statute and section
4 under which the condemnation is authorized.
5 (3) A specific reference to the action, whether by
6 ordinance, resolution or otherwise, by which the declaration
7 of taking was authorized, including the date when the action
8 was taken and the place where the record may be examined.
9 (4) A brief description of the purpose of the
10 condemnation.
11 (5) A description of the property condemned, sufficient
12 for identification, specifying the municipal corporation and
13 the county or counties where the property taken is located, a
14 reference to the place of recording in the office of the
15 recorder of deeds of plans showing the property condemned or
16 a statement that plans showing the property condemned are on
17 the same day being lodged for record or filed in the office
18 of the recorder of deeds in the county in accordance with
19 section 304 (relating to recording notice of condemnation).
20 (6) A statement of the nature of the title acquired, if
21 any.
22 (7) A statement specifying where a plan showing the
23 condemned property may be inspected in the county in which
24 the property taken is located.
25 (8) A statement of how just compensation has been made
26 or secured.
27 (c) More than one property included in declaration.--The
28 condemnor may include in one declaration of taking any or all of
29 the properties specified in the action by which the declaration
30 of taking was authorized.
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1 (d) Fee.--The prothonotary shall charge one fee for filing
2 each declaration of taking, which shall be the same regardless
3 of the number of properties or condemnees included.
4 (e) Filing.--The condemnor shall file within one year of the
5 action authorizing the declaration of taking a declaration of
6 taking covering all properties included in the authorization not
7 otherwise acquired by the condemnor within this time.
8 § 303. Security required.
9 (a) Bond.--Except as provided in subsection (b), every
10 condemnor shall give security to effect the condemnation by
11 filing with the declaration of taking its bond, without surety,
12 to the Commonwealth for the use of the owner of the property
13 interests condemned, the condition of which shall be that the
14 condemnor shall pay the damages determined by law.
15 (b) Pledge of tax revenues.--Where a condemnor has the power
16 of taxation, it shall not be required to file a bond with the
17 declaration of taking. The funds raised or authorized by law to
18 be raised by the power of taxation of the condemnor shall be
19 deemed pledged and are made security for the payment of the
20 damages determined by law.
21 (c) Insufficient security.--The court, upon preliminary
22 objections of the condemnee under and within the time set forth
23 in section 306(a) (relating to preliminary objections), may
24 require the condemnor to give bond and security as the court
25 deems proper if it appears to the court that the bond or power
26 of taxation of the condemnor is not sufficient security.
27 § 304. Recording notice of condemnation.
28 (a) County of recording.--The condemnor, upon filing its
29 declaration of taking, shall on the same day lodge for record a
30 notice of the declaration in the office of the recorder of deeds
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1 of the county in which the property is located. If the property
2 is located in two or more counties, the notice shall be recorded
3 in each county.
4 (b) Notice and recording requirements.--The notice shall
5 specify the court term and number of the declaration of taking
6 and the date it was filed and shall contain a description or
7 plan of the property condemned sufficient for identification and
8 the names of the owners of the property interests condemned, as
9 reasonably known to the condemnor, and shall be indexed in the
10 deed indices showing the condemnee set forth in the notice as
11 grantor and the condemnor as grantee. If plans are to be
12 recorded as part of the notice, they shall be submitted on
13 standard legal size paper. If plans are to be filed as part of
14 the notice, they shall be in legible scale and filed in a
15 condemnation book or file or microfilmed, with a notation as to
16 the condemnation book and page number, file number or microfilm
17 number to be made by the recorder on the margin of the notice.
18 Upon the notice being assigned a book and page number by the
19 recorder of deeds the condemnor shall file with the prothonotary
20 under the caption of the declaration of taking a memorandum of
21 the book and page number in which the notice is recorded.
22 (c) Fees.--The recorder shall receive as a fee for recording
23 each notice the sums as provided by the act of June 12, 1919
24 (P.L.476, No.240), referred to as the Second Class County
25 Recorder of Deeds Fee Law, and the act of April 8, 1982
26 (P.L.310, No.87), referred to as the Recorder of Deeds Fee Law.
27 § 305. Notice to condemnee.
28 (a) Written notice.--Within 30 days after the filing of the
29 declaration of taking, the condemnor shall give written notice
30 of the filing to the condemnee, to any mortgagee of record, and
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1 to any lienholder of record.
2 (b) Service.--The notice shall be served within or without
3 this Commonwealth, by any competent adult, in the same manner as
4 in a civil action or by registered mail to the last known
5 address of the person being served. If service cannot be made in
6 this manner, then service shall be made by posting a copy of the
7 notice upon the most public part of the property and by
8 publication of a copy of the notice, omitting the plot plan
9 required by subsection (c)(8), one time each in one newspaper of
10 general circulation and the legal journal, if any, published in
11 the county.
12 (c) Contents.--The notice to be given the condemnee shall
13 state:
14 (1) The caption of the case.
15 (2) The date of filing of the declaration of taking and
16 the court term and number.
17 (3) The name of the condemnee to whom it is directed.
18 (4) The name and address of the condemnor.
19 (5) A specific reference to the statute and section
20 under which the condemnation action is authorized.
21 (6) A specific reference to the action, whether by
22 ordinance, resolution or otherwise, by which the declaration
23 of taking was authorized, including the date when the action
24 was taken and the place where the record may be examined.
25 (7) A brief description of the purpose of the
26 condemnation.
27 (8) A statement that the condemnee's property has been
28 condemned and a reasonable identification of the property in
29 the case of a total taking and, in the case of a partial
30 taking, a plot plan showing the condemnee's entire property
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1 and the area taken.
2 (9) A statement of the nature of the title acquired.
3 (10) A statement specifying where a plan showing the
4 condemned property may be inspected in the county in which
5 the property taken is located.
6 (11) A statement of how just compensation has been made
7 or secured.
8 (12) A statement that, if the condemnee wishes to
9 challenge the power or the right of the condemnor to
10 appropriate the condemned property, the sufficiency of the
11 security, the procedure followed by the condemnor or the
12 declaration of taking, the condemnee must file preliminary
13 objections within 30 days after being served with notice of
14 condemnation.
15 (d) Compliance.--Service of a copy of the declaration of
16 taking, together with the information and notice required by
17 subsection (c)(2), (8) and (12), shall constitute compliance
18 with the notice requirements of this section.
19 (e) Proof of service.--The condemnor shall file proof of
20 service of the notice.
21 § 306. Preliminary objections.
22 (a) Filing and exclusive method of challenging certain
23 matters.--Within 30 days after being served with notice of
24 condemnation, the condemnee may file preliminary objections to
25 the declaration of taking. The court upon cause shown may extend
26 the time for filing preliminary objections. Preliminary
27 objections shall be limited to and shall be the exclusive method
28 of challenging:
29 (1) The power or right of the condemnor to appropriate
30 the condemned property unless it has been previously
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1 adjudicated.
2 (2) The sufficiency of the security.
3 (3) The declaration of taking.
4 (4) Any other procedure followed by the condemnor.
5 (b) Waiver.--Failure to raise by preliminary objections the
6 issues listed in subsection (a) shall constitute a waiver.
7 Issues of compensation may not be raised by preliminary
8 objections.
9 (c) Grounds to be stated.--Preliminary objections shall
10 state specifically the grounds relied on.
11 (d) When raised.--All preliminary objections shall be raised
12 at one time and in one pleading. They may be inconsistent.
13 (e) Service.--The condemnee shall serve a copy of the
14 preliminary objections on the condemnor within 72 hours after
15 filing them.
16 (f) Disposition.--The court shall determine promptly all
17 preliminary objections and make preliminary and final orders and
18 decrees as justice shall require, including the revesting of
19 title. If an issue of fact is raised, the court shall take
20 evidence by depositions or otherwise. The court may allow
21 amendment or direct the filing of a more specific declaration of
22 taking.
23 (g) Costs and expenses.--If preliminary objections which
24 have the effect of terminating the condemnation are sustained,
25 the condemnee shall be reimbursed by the condemnor for
26 reasonable appraisal, attorney and engineering fees and other
27 costs and expenses actually incurred because of the condemnation
28 proceedings. Costs and expenses under this subsection shall be
29 assessed by the court.
30 § 307. Possession, right of entry and payment of compensation.
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1 (a) Possession or right of entry of condemnor.--
2 (1) The condemnor, after the expiration of the time for
3 filing preliminary objections by the condemnee to the
4 declaration of taking, shall be entitled to possession or
5 right of entry upon payment of, or a written offer to pay to
6 the condemnee, the amount of just compensation as estimated
7 by the condemnor. However, the condemnor shall be entitled to
8 possession or right of entry upon an easement without the
9 payment of or offer to pay the estimated just compensation if
10 the condemnor has the right to assess the property for
11 benefits. If a condemnee or any other person then refuses to
12 deliver possession or permit right of entry, the prothonotary
13 upon praecipe of the condemnor shall issue a rule, returnable
14 in five days after service upon the condemnee or the other
15 person, to show cause why a writ of possession should not
16 issue. The court, unless preliminary objections warranting
17 delay are pending, may issue a writ of possession conditioned
18 except as provided in this subsection upon payment to the
19 condemnee or into court of the estimated just compensation
20 and on any other terms as the court may direct.
21 (2) A court may issue a writ of possession to a
22 condemnor prior to the disposition of preliminary objections.
23 (i) If it is finally determined that a condemnation
24 is invalid in a case in which preliminary objections
25 challenge the validity of a right-of-way or easement for
26 occupation by a utility, the affected owners may recover
27 damages for injuries sustained by taking possession under
28 this paragraph and are entitled to appropriate equitable
29 relief.
30 (ii) If it is finally determined that any other
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1 condemnation is invalid after the granting of possession
2 under this paragraph, the affected owners may recover
3 costs and expenses under section 306(g) and are entitled
4 to disposition under section 306(f).
5 (b) Tender of possession or right of entry by condemnee.--If
6 within 60 days from the filing of the declaration of taking the
7 condemnor has not paid just compensation as provided in
8 subsection (a), the condemnee may tender possession or right of
9 entry in writing and the condemnor shall then make payment of
10 the just compensation due the condemnee as estimated by the
11 condemnor. If the condemnor fails to make the payment, the
12 court, upon petition of the condemnee, may compel the condemnor
13 to file a declaration of estimated just compensation or, if the
14 condemnor fails or refuses to file the declaration, may at the
15 cost of the condemnor appoint an impartial expert appraiser to
16 estimate just compensation. The court may, after hearing, enter
17 judgment for the amount of the estimated just compensation.
18 (c) Compensation without prejudice.--The compensation paid
19 under subsections (a) and (b) shall be without prejudice to the
20 rights of either the condemnor or the condemnee to proceed to a
21 final determination of the just compensation, and any payments
22 made shall be considered only as payments pro tanto of the just
23 compensation as finally determined. Following the rendition of
24 the verdict, the court shall mold the verdict to deduct the
25 estimated just compensation previously paid by the condemnor.
26 However, in no event shall the condemnee be compelled to pay
27 back to the condemnor the compensation paid under subsection (a)
28 or (b), even if the amount of just compensation as finally
29 determined is less than the compensation paid.
30 § 308. Revocation of condemnation proceedings.
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1 (a) Declaration of relinquishment.--The condemnor, by filing
2 a declaration of relinquishment in court within two years from
3 the filing of the declaration of taking and before having made
4 the payment provided in section 307(a) or (b) (relating to
5 possession, right of entry and payment of compensation) or as to
6 which the condemnee has not tendered possession of the condemned
7 property as provided in section 307, may relinquish all or any
8 part of the property condemned that it has not taken actual
9 possession of for use in the improvement. The title shall then
10 revest in the condemnee as of the date of the filing of the
11 declaration of taking and all mortgages and other liens existing
12 as of that date and not thereafter discharged shall be
13 reinstated.
14 (b) Notice.--Notice of the relinquishment shall be recorded
15 in the office of the recorder of deeds of the county in which
16 the property taken is located, with the condemnor as the grantor
17 and the condemnee as the grantee, and the notice of the
18 relinquishment shall be served on the condemnee, any mortgagee
19 of record and any lienholder of record in the same manner as
20 provided for service of the declaration of taking.
21 (c) Fees.--The fees payable to the recorder for recording
22 the notice of relinquishment shall be in the same amounts as
23 provided in section 304(c) (relating to recording notices of
24 condemnation).
25 (d) Costs and expenses.--Where condemned property is
26 relinquished, the condemnee shall be reimbursed by the condemnor
27 for reasonable costs and expenses as provided in section 306(g)
28 (relating to preliminary objections).
29 (e) Agreement.--The condemnor and the condemnee, without the
30 filing of a declaration of relinquishment, may by agreement
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1 effect a revesting of title in the condemnee which agreement
2 shall be properly recorded.
3 § 309. Right to enter property prior to condemnation.
4 Prior to the filing of the declaration of taking, the
5 condemnor or its employees or agents shall have the right to
6 enter upon any land or improvement in order to make studies,
7 surveys, tests, soundings and appraisals. However, the owner of
8 the land or the party in whose name the property is assessed
9 shall be notified ten days prior to entry on the property. Any
10 actual damages sustained by the owner of a property interest in
11 the property entered upon by the condemnor shall be paid by the
12 condemnor. Damages shall be assessed by the court, or the court
13 may refer the matter to viewers to ascertain and assess the
14 damages sustained by the condemnee. The exercise of this right
15 of entry by the condemnor shall neither constitute a
16 condemnation nor be interpreted as a notice of an intent to
17 acquire the real property.
18 § 310. Abandonment of project.
19 (a) Disposition of property.--If a condemnor has condemned a
20 fee and then abandons the purpose for which the property has
21 been condemned, the condemnor may dispose of it by sale or
22 otherwise. If the property has not been substantially improved,
23 it may not be disposed of within three years after condemnation
24 without first being offered to the condemnee at the same price
25 paid to the condemnee by the condemnor. If the property is not
26 located within the corporate boundaries of a county of the first
27 or second class and has not been substantially improved and was
28 devoted to agricultural use at the time of the condemnation, it
29 may not be disposed of within 12 years after condemnation
30 without first being offered to the condemnee at the same price
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1 paid to the condemnee by the condemnor.
2 (b) Notice.--The condemnee shall be served with notice of
3 the offer in the same manner as prescribed for the service of
4 notices in section 305(b) (relating to notice to condemnee) and
5 shall have 90 days after receipt of notice to make written
6 acceptance.
7 (c) Certain conditional offers prohibited.--The condemnor
8 may not condition any offer required to be made to a condemnee
9 under subsection (a) on the payment by the condemnee of
10 additional fees, real estate taxes or payments in lieu of taxes
11 or other costs.
12 (d) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 "Agricultural commodity." Any plant and animal products,
16 including Christmas trees, produced in this Commonwealth for
17 commercial purposes.
18 "Agricultural use." Use of the land for the purpose of
19 producing an agricultural commodity or when devoted to and
20 meeting the requirements and qualifications for payments or
21 other compensation pursuant to a soil conservation program under
22 an agreement with an agency of the Federal Government. Land
23 containing a farmhouse or other buildings related to farming
24 shall be deemed to be in agricultural use.
25 CHAPTER 5
26 PROCEDURE FOR DETERMINING DAMAGES
27 Sec.
28 501. Agreement as to damages.
29 502. Petition for appointment of viewers.
30 503. View.
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1 504. Appointment of viewers.
2 505. Service of notice of view and hearing.
3 506. Additional condemnees, mortgagees and intervention.
4 507. Joint claims.
5 508. Appointment of trustee or guardian ad litem.
6 509. Furnishing of plans to viewers.
7 510. Powers of viewers.
8 511. Administrative matters for viewers' hearings.
9 512. Report of viewers.
10 513. Disagreement.
11 514. Filing of report of viewers.
12 515. Reports.
13 516. Right of appeal.
14 517. Appeals.
15 518. Disposition of appeal.
16 519. Allocation of damages.
17 520. Waiver of viewers' proceedings and termination by
18 stipulation.
19 521. Liens and distribution of damages.
20 522. Payment into court and distribution.
21 § 501. Agreement as to damages.
22 At any stage of the proceedings, the condemnor and the
23 condemnee may agree upon all or any part or item of the damages
24 and proceed to have those parts or items not agreed upon
25 assessed as provided in this chapter. The condemnor may make
26 payment of any part or item agreed upon.
27 § 502. Petition for appointment of viewers.
28 (a) Contents of petition.--A condemnor, condemnee or
29 displaced person may file a petition requesting the appointment
30 of viewers, setting forth:
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1 (1) A caption designating the condemnee or displaced
2 person as the plaintiff and the condemnor as the defendant.
3 (2) The date of the filing of the declaration of taking
4 and whether any preliminary objections have been filed and
5 remain undisposed of.
6 (3) In the case of a petition of a condemnee or
7 displaced person, the name of the condemnor.
8 (4) The names and addresses of all condemnees, displaced
9 persons and mortgagees known to the petitioner to have an
10 interest in the property acquired and the nature of their
11 interest.
12 (5) A brief description of the property acquired.
13 (6) A request for the appointment of viewers to
14 ascertain just compensation.
15 (b) Property included in condemnor's petition.--The
16 condemnor may include in its petition any or all of the property
17 included in the declaration of taking.
18 (c) Condemnation where no declaration of taking has been
19 filed.--An owner of a property interest who asserts that the
20 owner's property interest has been condemned without the filing
21 of a declaration of taking may file a petition for the
22 appointment of viewers substantially in the form provided for in
23 subsection (a) setting forth the factual basis of the petition.
24 The court shall determine whether a condemnation has occurred,
25 and, if the court determines that a condemnation has occurred,
26 the court shall determine the condemnation date and the extent
27 and nature of any property interest condemned. The court shall
28 enter an order specifying any property interest which has been
29 condemned and the date of the condemnation. A copy of the order
30 and any modification shall be filed by the condemnor in the
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1 office of the recorder of deeds of the county in which the
2 property is located and shall be indexed in the deed indices
3 showing the condemnee as grantor and the condemnor as grantee.
4 (d) Separate proceedings.--The court, in furtherance of
5 convenience or to avoid prejudice, may, on its own motion or on
6 motion of any party, order separate viewers' proceedings or
7 trial when more than one property has been included in the
8 petition.
9 § 503. View.
10 In every proceeding at least one of the viewers appointed
11 shall be an attorney at law who shall be chairman of the board
12 and who shall attend the view. At least two of the three
13 viewers appointed shall view the property in question.
14 § 504. Appointment of viewers.
15 (a) General rule.--Upon the filing of a petition for the
16 appointment of viewers, the court, unless preliminary objections
17 to the validity of the condemnation or jurisdiction, warranting
18 delay, are pending, shall promptly appoint three viewers, who
19 shall view the premises, hold hearings and file a report. In
20 counties of the first class, the court may appoint an alternate
21 viewer in addition to the three viewers specifically appointed.
22 The prothonotary shall promptly notify the viewers of their
23 appointment unless a local rule provides another method of
24 notification. No viewer shall represent a client or testify as
25 an expert witness before the board.
26 (b) Service of petition for the appointment of viewers and
27 order appointing viewers.--The petitioners shall promptly send
28 to all other parties by registered mail, return receipt
29 requested, a certified true copy of the petition for the
30 appointment of viewers and a copy of the court order appointing
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1 the viewers if an order has been entered. A copy of the petition
2 and order, if entered, shall also be mailed to all mortgagees
3 and other lienholders of record.
4 (c) Notice of views and hearings.--The viewers shall give
5 notice of the time and place of all views and hearings. This
6 notice shall be given to all parties by not less than 30 days
7 written notice by registered mail, return receipt requested.
8 (d) Preliminary objections.--Any objection to the
9 appointment of viewers may be raised by preliminary objections
10 filed within 30 days after receipt of notice of the appointment
11 of viewers. Objections to the form of the petition or the
12 appointment or the qualifications of the viewers in any
13 proceeding or to the legal sufficiency or factual basis of a
14 petition filed under section 502(c) (relating to petition for
15 appointment of viewers) are waived unless included in
16 preliminary objections. An answer with or without new matter may
17 be filed within 20 days of service of preliminary objections,
18 and a reply to new matter may be filed within 20 days of service
19 of the answer. The court shall determine promptly all
20 preliminary objections and make any orders and decrees as
21 justice requires. If an issue of fact is raised, the court shall
22 conduct an evidentiary hearing or order that evidence be taken
23 by deposition or otherwise, but in no event shall evidence be
24 taken by the viewers on this issue.
25 § 505. Service of notice of view and hearing.
26 Notice of the view and hearing shall be served, within or
27 without this Commonwealth, by any competent adult in the same
28 manner as a civil action or by registered mail, return receipt
29 requested, to the last known address of the condemnee and
30 condemnor. If service cannot be made in the manner provided,
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1 then service shall be made by posting a copy of the notice upon
2 a public part of the property and by publication, at the cost of
3 the condemnor, once in a newspaper of general circulation and
4 once in the legal publication, if any, designated by rule or
5 order of court for publication of legal notices, published in
6 the county. Proof of service and the manner of service shall be
7 attached to the viewers' report.
8 § 506. Additional condemnees, mortgagees and intervention.
9 (a) Identification.--The condemnee, at or before the hearing
10 at which the claim is presented, shall furnish the viewers and
11 the condemnor with the names and addresses of all other
12 condemnees known to the condemnee to have an interest in his
13 property and the nature of their interests and the names and
14 addresses of all mortgagees and lienholders of record known to
15 the condemnee.
16 (b) Notice.--The viewers shall notify by written notice all
17 persons whose names are furnished under subsection (a) of the
18 pendency of the proceedings and of subsequent hearings. If these
19 persons have not received 20 days' notice of the hearing, the
20 viewers shall, upon request, adjourn the hearing to allow
21 notice.
22 (c) Intervention.--The court may permit a mortgagee,
23 judgment creditor or other lienholder to intervene in the
24 proceedings where the person's interest is not adequately
25 protected, but a person shall not be a party to the proceedings
26 unless the person has intervened.
27 § 507. Joint claims.
28 (a) Required.--The claims of all the owners of the condemned
29 property, including joint tenants, tenants in common, life
30 tenants, remaindermen, owners of easements or ground rents and
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1 all others having an interest in the property and the claims of
2 all tenants, if any, of the property, shall be heard or tried
3 together.
4 (b) Apportionment of damages.--The award of the viewers or
5 the verdict on appeal from the viewers shall, first, fix the
6 total amount of damages for the property and, second, apportion
7 the total amount of damages between or among the several
8 claimants entitled to damages.
9 (c) Separate hearings.--Claims for special damages under
10 section 902 (relating to moving and related expenses of
11 displaced persons) may be heard or tried separately.
12 § 508. Appointment of trustee or guardian ad litem.
13 The court on its own motion may, or on petition of any party
14 in interest shall, appoint a trustee ad litem or guardian ad
15 litem, as may be appropriate, in accordance with general rules.
16 § 509. Furnishing of plans to viewers.
17 The condemnor shall furnish the viewers at or before the view
18 with a plan showing the entire property involved, the
19 improvements, the extent and nature of the condemnation and any
20 other physical data, including grades, as may be necessary for
21 the proper determination of just compensation. If, in the
22 opinion of the viewers, the plans are insufficient, they may
23 require the submission of supplemental plans. Copies of the
24 plans shall be furnished at the same time, without cost, to the
25 condemnee upon written request. If the condemnor does not
26 furnish a plan or the condemnor's plans are insufficient, the
27 court, on application of the condemnee, may charge to the
28 condemnor, as costs, reasonable expenses for plans furnished by
29 the condemnee.
30 § 510. Powers of viewers.
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1 The viewers shall have power to adjourn the proceedings from
2 time to time. Upon request of the viewers or a party, the court
3 which appointed the viewers shall issue a subpoena to testify or
4 to produce books and documents. All the viewers shall act,
5 unless prevented by sickness or other unavoidable cause, but a
6 majority of the viewers may hear, determine, act upon and report
7 all matters relating to the view for which they were appointed.
8 The provisions of this section shall not be affected by the
9 appointment of an alternate viewer as provided for in section
10 504 (relating to appointment of viewers).
11 § 511. Administrative matters for viewers' hearings.
12 (a) Facilities.--All viewers' hearings shall be held
13 publicly in a suitable place within the county designated by the
14 court.
15 (b) Stenographic notes.--Whenever in the opinion of the
16 viewers it is desirable, accurate stenographic notes of hearings
17 shall be taken, and copies of the notes shall be furnished to
18 the parties interested when desired upon payment of a sum fixed
19 by the rules and regulations of the respective court.
20 § 512. Report of viewers.
21 The viewers shall file a report which shall include in brief
22 and concise paragraph form:
23 (1) The date of their appointment as viewers.
24 (2) A reference to the notices of the time and place of
25 view and hearing with proof of service of notices, which
26 shall be attached to the report.
27 (3) A copy of the plan showing the extent of the taking
28 or injury upon which the viewers' award is predicated and a
29 statement of the nature of the interest condemned.
30 (4) The date of the filing of the declaration of taking.
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1 (5) A schedule of damages awarded and benefits assessed,
2 to and by whom payable, and for which property, separately
3 stated as follows: general damages, moving and removal
4 expenses, business dislocation damages and other items of
5 special damages authorized by this title and the date from
6 which damages for delay shall be calculated.
7 (6) In the case of a partial taking, a statement as to
8 the amount of the general damages attributable as severance
9 damages to the part of the property not taken, if the
10 apportionment has been requested in writing by the condemnee.
11 (7) Where there are several interests in the condemned
12 property, a statement of the total amount of damages and the
13 distribution between or among the several claimants.
14 (8) Whether there are other claimants to any interest or
15 estate in the property condemned and the viewers'
16 determination of the extent, if any, of each interest in the
17 property and in the award.
18 (9) Their rulings on any written requests for findings
19 of fact and conclusions of law submitted to them.
20 (10) Other matters they deem relevant.
21 § 513. Disagreement.
22 If a majority of the viewers do not agree on a decision,
23 three new viewers shall be appointed by the court upon
24 application of any interested party.
25 § 514. Filing of report of viewers.
26 The viewers shall file their report within 30 days of their
27 final hearing or within 30 days from the filing of the
28 transcription of the stenographic notes of testimony. The
29 transcription shall be filed within 30 days of the final
30 hearing. Ten days before the filing of their report, the viewers
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1 shall mail a copy of the report to all parties or their
2 attorneys of record, with notice of the date of the intended
3 filing and that the report shall become final unless an appeal
4 is filed within 30 days from the date the report is filed. Prior
5 to the filing of their report, the viewers may correct any
6 errors in the report and give notice to the persons affected. A
7 copy of the report, when filed, shall also be mailed to all
8 mortgagees of record and other lienholders of record.
9 § 515. Reports.
10 The viewers may include in one report one or more properties
11 or claims under section 902 (relating to moving and related
12 expenses of displaced persons) referred to them under the same
13 or separate petitions if the properties are included in the same
14 declaration of taking. The viewers may file a separate report
15 for expenses and damages under section 902. Each report shall be
16 final as to the property or properties included and subject to
17 separate appeal.
18 § 516. Right of appeal.
19 (a) General rule.--Any party aggrieved by the decision of
20 the viewers may appeal to the court. The appeal shall raise all
21 objections of law or fact to the viewers' report. The appeal
22 shall be signed by the appellant or an attorney or agent, and no
23 verification shall be required. Any award of damages or
24 assessment of benefits, as the case may be, as to which no
25 appeal is taken shall become final as of course and shall
26 constitute a final judgment.
27 (b) Consolidation.--The court, on its own motion or on
28 application of any party in interest, may consolidate separate
29 appeals involving only common questions of law as one
30 proceeding.
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1 (c) Cross appeals.--If a timely appeal is filed by a party,
2 any other party may file an appeal within 15 days of the date on
3 which the first appeal was filed. An appeal may be taken from
4 less than all of an award.
5 (d) Withdrawal.--Prior to the beginning of testimony, any
6 party may withdraw its appeal without the consent of the other
7 parties.
8 § 517. Appeals.
9 (a) Contents.--The appeal shall set forth:
10 (1) The name of appellant and appellee.
11 (2) A brief description or identification of the
12 property involved and the condemnee's interest.
13 (3) A reference to the proceedings appealed from and the
14 date of the filing of the viewers' report.
15 (4) Objections, if any, to the viewers' report, other
16 than to the amount of the award.
17 (5) A demand for jury trial, if desired. If the
18 appellant desires a jury trial, the appellant shall at the
19 time of filing the appeal endorse the appeal or file
20 separately a written demand for jury trial, signed by the
21 appellant or counsel. If no demand for jury trial is made by
22 the appellant, any other party may file a written demand for
23 jury trial within 15 days after being served with a copy of
24 the appeal. If no party makes a demand for a jury trial as
25 provided in this section, the right to jury trial shall be
26 deemed to have been waived, and the court shall try the case
27 without a jury.
28 (b) Service.--The appellant shall serve a copy of the appeal
29 on all other parties within five days after filing the appeal.
30 Proof of service of a copy of the appeal shall be filed by the
20010S0983B1185 - 27 -
1 appellant.
2 (c) Other pleadings not required.--No other pleadings shall
3 be required and the cause shall be deemed at issue.
4 § 518. Disposition of appeal.
5 All objections, other than to the amount of the award, raised
6 by the appeal shall be determined by the court preliminarily.
7 The court may confirm, modify or change the report or refer it
8 back to the same or other viewers. A decree confirming,
9 modifying or changing the report constitutes a final order. The
10 amount of damages shall be determined by the court unless a jury
11 trial has been demanded. At the trial of the case, the
12 condemnee shall be the plaintiff and the condemnor shall be the
13 defendant.
14 § 519. Allocation of damages.
15 (a) Severance damages.--Upon appeal from an award of
16 viewers, the court, upon the request of the plaintiff, shall,
17 after the jury or the court, if the trial is without jury, has
18 returned its general verdict, make a specific finding and
19 allocation of the amount of the general verdict attributable to
20 severance damages to the part of the property not taken.
21 (b) Other damages.--The jury, or the court in a trial
22 without a jury, shall make specific findings as to the portion
23 of the verdict allocated to general damages, moving and removal
24 expenses, business dislocation damages and other items of
25 special damages authorized by this title, except reasonable
26 appraisal, attorney and engineering fees recoverable under
27 sections 306 (relating to preliminary objections), 308 (relating
28 to revocation of condemnation proceedings), 709 (relating to
29 condemnee's costs where no declaration of taking filed) and 710
30 (relating to limited reimbursement of appraisal, attorney and
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1 engineering fees), which shall be determined by the court in an
2 appropriate case.
3 § 520. Waiver of viewers' proceedings and termination by
4 stipulation.
5 (a) Waiver of viewers' proceedings.--The condemnor and
6 condemnee may, by written agreement filed with and approved by
7 the court, waive proceedings before viewers and proceed directly
8 to the court on agreed issues of law or fact. The proceedings
9 shall then be the same as on appeal from a report of viewers.
10 (b) Termination by stipulation.--At any time after filing of
11 a petition for the appointment of viewers, the parties may, by
12 stipulation filed with the prothonotary, terminate the viewers'
13 proceedings as to all or part of the properties involved and
14 stipulate that judgment may be entered for the amount of damages
15 agreed on for each property interest covered by the stipulation.
16 A copy of the stipulation shall be filed with the viewers.
17 § 521. Liens and distribution of damages.
18 (a) Liens.--Damages payable to a condemnee under sections
19 701 (relating to just compensation; other damages) through 707
20 (relating to removal of machinery, equipment or fixtures), 713
21 (relating to delay compensation), 714 (relating to consequential
22 damages), 715 (relating to damages for vacation of roads) and
23 902(b)(1) and (2) (relating to moving and related expenses of
24 displaced persons) shall be subject to a lien for all taxes and
25 municipal claims assessed against the property and to all
26 mortgages, judgments and other liens of record against the
27 property for which the particular damages are payable, existing
28 at the date of the filing of the declaration of taking. The
29 liens shall be paid out of the damages in order of priority
30 before any payment to the condemnee, unless released. In the
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1 case of a partial taking or of damages under sections 714 and
2 715, the lienholder shall be entitled only to an equitable pro
3 rata share of the damages lienable under this section.
4 (b) Distribution of damages.--It is the obligation of the
5 condemnor to distribute the damages properly. If the condemnor
6 is unable to determine proper distribution of the damages, it
7 may, without payment into court, petition the court to
8 distribute the damages and shall furnish the court with a
9 schedule of proposed distribution. Notice of the filing of the
10 petition and schedule of proposed distribution shall be given to
11 all condemnees, mortgagees, judgment creditors and other
12 lienholders, as shown in the proposed schedule, in any manner as
13 the court may direct by general rule or special order. The court
14 may hear the matter or may appoint a master to hear and report
15 or may order any issue tried by the court and jury as may appear
16 proper under all the circumstances. The court shall then enter
17 an order of distribution of the fund.
18 § 522. Payment into court and distribution.
19 (a) Payment into court.--Upon refusal to accept payment of
20 the damages or of the estimated just compensation under section
21 307 (relating to possession, right of entry and payment of
22 compensation) or if the party entitled thereto cannot be found
23 or if for any other reason the amount cannot be paid to the
24 party entitled thereto, the court upon petition of the
25 condemnor, which shall include a schedule of proposed
26 distribution, may direct payment and costs into court or as the
27 court may direct in full satisfaction. The condemnor shall give
28 20 days' notice of the presentation of the petition, including a
29 copy of the schedule of the proposed distribution, to all
30 parties in interest known to the condemnor in any manner as the
20010S0983B1185 - 30 -
1 court may direct by general rule or special order. If the court
2 is satisfied in a particular case that the condemnor failed to
3 use reasonable diligence in giving notice, the court may, upon
4 petition of any party in interest adversely affected by the
5 failure to give notice, order that compensation for delay in
6 payment be awarded to the party for the period after deposit in
7 court by the condemnor under this section until the time the
8 party in interest has received a distribution of funds under
9 this section.
10 (b) Distribution.--The court upon petition of any party in
11 interest shall distribute the funds paid under subsection (a) or
12 any funds deposited in court under section 307 to the persons
13 entitled thereto in accordance with the procedure in section 521
14 (relating to liens and distribution of damages), but, if no
15 petition is presented within a period of five years of the date
16 of payment into court, the court shall order the fund or any
17 balance remaining to be paid to the Commonwealth without
18 escheat. No fee shall be charged against these funds.
19 CHAPTER 7
20 JUST COMPENSATION AND MEASURE OF DAMAGES
21 Sec.
22 701. Just compensation; other damages.
23 702. Measure of damages.
24 703. Fair market value.
25 704. Effect of imminence of condemnation.
26 705. Contiguous tracts and unity of use.
27 706. Effect of condemnation use on after value.
28 707. Removal of machinery, equipment or fixtures.
29 708. Expenses incidental to transfer of title.
30 709. Condemnee's costs where no declaration of taking filed.
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1 710. Limited reimbursement of appraisal, attorney and
2 engineering fees.
3 711. Payment on account of increased mortgage costs.
4 712. Loss of rentals because of imminence of condemnation.
5 713. Delay compensation.
6 714. Consequential damages.
7 715. Damages for vacation of roads.
8 716. Attempted avoidance of monetary just compensation.
9 § 701. Just compensation; other damages.
10 The condemnee shall be entitled to just compensation for the
11 taking, injury or destruction of his property, determined as set
12 forth in this chapter. Other damages shall also be paid or
13 awarded as provided in this title.
14 § 702. Measure of damages.
15 (a) Just compensation.--Just compensation shall consist of
16 the difference between the fair market value of the condemnee's
17 entire property interest immediately before the condemnation and
18 as unaffected by the condemnation and the fair market value of
19 the property interest remaining immediately after the
20 condemnation and as affected by the condemnation.
21 (b) Urban development or redevelopment condemnation.--In the
22 case of the condemnation of property in connection with any
23 urban development or redevelopment project, which property is
24 damaged by subsidence due to failure of surface support
25 resulting from the existence of mine tunnels or passageways
26 under the property or by reason of fires occurring in mine
27 tunnels or passageways or of burning coal refuse banks, the
28 damage resulting from this subsidence or underground fires or
29 burning coal refuse banks shall be excluded in determining the
30 fair market value of the condemnee's entire property interest
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1 immediately before the condemnation.
2 (c) Value of property damaged by natural disaster.--In the
3 case of the condemnation of property in connection with any
4 program or project which property is damaged by any natural
5 disaster, the damage resulting from the natural disaster shall
6 be excluded in determining fair market value of the condemnee's
7 entire property interest immediately before the condemnation.
8 (d) Applicability of natural disaster provisions.--
9 Subsection (c) is applicable only where the damage resulting
10 from the natural disaster has occurred within five years prior
11 to the initiation of negotiations for or notice of intent to
12 acquire or order to vacate the property and during the ownership
13 of the property by the condemnee. The damage to be excluded
14 shall include only actual physical damage to the property for
15 which the condemnee has not received any compensation or
16 reimbursement.
17 § 703. Fair market value.
18 Fair market value shall be the price which would be agreed to
19 by a willing and informed seller and buyer, taking into
20 consideration, but not limited to, the following factors:
21 (1) The present use of the property and its value for
22 that use.
23 (2) The highest and best reasonably available use of the
24 property and its value for that use.
25 (3) The machinery, equipment and fixtures forming part
26 of the real estate taken.
27 (4) Other factors as to which evidence may be offered as
28 provided by Chapter 11 (relating to evidence).
29 § 704. Effect of imminence of condemnation.
30 Any change in the fair market value prior to the date of
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1 condemnation which the condemnor or condemnee establishes was
2 substantially due to the general knowledge of the imminence of
3 condemnation, other than that due to physical deterioration of
4 the property within the reasonable control of the condemnee,
5 shall be disregarded in determining fair market value.
6 § 705. Contiguous tracts and unity of use.
7 Where all or a part of several contiguous tracts in
8 substantially identical ownership is condemned or a part of
9 several noncontiguous tracts in substantially identical
10 ownership which are used together for a unified purpose is
11 condemned, damages shall be assessed as if the tracts were one
12 parcel.
13 § 706. Effect of condemnation use on after value.
14 In determining the fair market value of the remaining
15 property after a partial taking, consideration shall be given to
16 the use to which the property condemned is to be put and the
17 damages or benefits specially affecting the remaining property
18 due to its proximity to the improvement for which the property
19 was taken. Future damages and general benefits which will affect
20 the entire community beyond the properties directly abutting the
21 property taken shall not be considered in arriving at the after
22 value. Special benefits to the remaining property shall in no
23 event exceed the total damages except in cases where the
24 condemnor is authorized under existing law to make special
25 assessments for benefits. A partial taking shall not extinguish
26 a nonconforming use unless all or a substantial portion of the
27 improvements on the property are within the area of the property
28 taken.
29 § 707. Removal of machinery, equipment or fixtures.
30 In the event the condemnor does not require for its use
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1 machinery, equipment or fixtures forming part of the real
2 estate, it shall so notify the condemnee. The condemnee may
3 within 30 days of the notice elect to remove the machinery,
4 equipment or fixtures unless the time is extended by the
5 condemnor. If the condemnee so elects, the damages shall be
6 reduced by the fair market value of the machinery, equipment or
7 fixtures severed from the real estate.
8 § 708. Expenses incidental to transfer of title.
9 Any acquiring agency shall, on the date of payment of the
10 purchase price of amicably acquired real property or of payment
11 or tender of estimated just compensation in a condemnation
12 proceeding to acquire real property, whichever is earlier or as
13 soon as is practicable, reimburse the owner for expenses
14 necessarily incurred for:
15 (1) Recording fees, transfer taxes and similar expenses
16 incidental to conveying the real property to the acquiring
17 agency.
18 (2) Penalty costs for prepayment for any preexisting
19 recorded mortgage entered into in good faith encumbering the
20 real property.
21 (3) The pro rata portion of real property taxes paid
22 which are allocable to a period subsequent to the date of
23 vesting title in the acquiring agency or the effective date
24 of possession of the real property by the acquiring agency,
25 whichever is earlier.
26 (4) The pro rata portion of water and sewer charges paid
27 to a taxing entity or a local authority allocable to a period
28 subsequent to the effective date of possession of the real
29 property by the acquiring agency.
30 § 709. Condemnee's costs where no declaration of taking filed.
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1 Where proceedings are instituted by a condemnee under section
2 502(c) (relating to petition for appointment of viewers), a
3 judgment awarding compensation to the condemnee for the taking
4 of property shall include reimbursement of reasonable appraisal,
5 attorney and engineering fees and other costs and expenses
6 actually incurred.
7 § 710. Limited reimbursement of appraisal, attorney and
8 engineering fees.
9 (a) General rule.--The owner of any right, title or interest
10 in real property acquired or injured by an acquiring agency, who
11 is not eligible for reimbursement of fees under section 306(g)
12 (relating to preliminary objections), 308(e) (relating to
13 revocation of condemnation proceedings) or 709 (relating to
14 condemnee's costs where no declaration of taking filed), shall
15 be reimbursed in an amount not to exceed $2,500 as a payment
16 toward reasonable expenses actually incurred for appraisal,
17 attorney and engineering fees.
18 (b) Attorney fees.--In determining reasonable attorney fees
19 under sections 306(g), 308(e) and 709, the court shall consider
20 all of the circumstances of the case, including, but not limited
21 to, time records if available.
22 § 711. Payment on account of increased mortgage costs.
23 (a) Reimbursement of owner.--Whenever the acquisition of
24 property by an acquiring agency results in the termination of an
25 installment purchase contract, mortgage or other evidence of
26 debt on the acquired property, requiring the legal or equitable
27 owner to enter into another installment purchase contract,
28 mortgage or other evidence of debt on the property purchased for
29 the same use as the acquired property, a legal or equitable
30 owner who does not qualify for a payment under section 903(a)(2)
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1 (relating to replacement housing for homeowners) shall be
2 compensated for any increased interest and other debt service
3 costs which the owner is required to pay for financing the
4 acquisition of the replacement property.
5 (b) Determination of amount.--Compensation for any increased
6 interest and other debt service costs shall be equal to the
7 excess in the aggregate interest and other debt service costs of
8 that amount on the principal of the installment purchase
9 contract, mortgage or other evidence of debt on the replacement
10 property which is equal to the unpaid balance of the installment
11 purchase contract, mortgage or other evidence of debt on the
12 acquired property over the remaining term of the installment
13 purchase contract, mortgage or other evidence of debt on the
14 acquired property reduced to present worth. The discount rate to
15 be used in reducing to present worth shall be the prevailing
16 interest rate paid on savings deposits by commercial banks in
17 the general area in which the replacement property is located.
18 The amount shall be paid only if the acquired property was
19 subject to an installment purchase contract or encumbered by a
20 bona fide mortgage or other evidence of debt secured by the
21 property which was a valid lien on the property for not less
22 than 180 days prior to the initiation of negotiations for the
23 acquisition of the property.
24 § 712. Loss of rentals because of imminence of condemnation.
25 The condemnee shall be entitled to receive as special damages
26 compensation for any loss, suffered prior to the date of taking,
27 caused by a reduction of income from rentals which the condemnee
28 establishes was substantially due to the general knowledge of
29 the imminence of condemnation, other than that due to physical
30 deterioration of the property within the reasonable control of
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1 the condemnee. This section is applicable only to losses of
2 rental income suffered following a 60-day period subsequent to
3 written notice from the condemnee to the condemnor that losses
4 of rental income are being suffered. Total damages under this
5 section shall not exceed $20,000.
6 § 713. Delay compensation.
7 (a) General rule.--Compensation for delay in payment shall
8 be paid at an annual rate equal to the prime rate as listed in
9 the first edition of the Wall Street Journal published in the
10 year, plus 1%, not compounded, from:
11 (1) the date of relinquishment of possession of the
12 condemned property by the condemnee; or
13 (2) if possession is not required to effectuate
14 condemnation, the date of condemnation.
15 (b) Exclusion.--
16 (1) No compensation for delay shall be payable with
17 respect to funds paid on account or by deposit in court after
18 the date of the payment or deposit.
19 (2) During the period the condemnee remains in
20 possession after the condemnation:
21 (i) the condemnee shall not be entitled to
22 compensation for delay in payment; and
23 (ii) the condemnor shall not be entitled to rent or
24 other charges for use and occupancy of the condemned
25 property by the condemnee.
26 (c) Award or judgment.--Compensation for delay shall not be
27 included by the viewers or the court or jury on appeal as part
28 of the award or verdict but shall, at the time of payment of the
29 award or judgment, be calculated under subsection (a) and added
30 to the award or judgment. There shall be no further or
20010S0983B1185 - 38 -
1 additional payment of interest on the award or verdict.
2 § 714. Consequential damages.
3 All condemnors, including the Commonwealth, shall be liable
4 for damages to property abutting the area of an improvement
5 resulting from change of grade of a road or highway, permanent
6 interference with access or injury to surface support, whether
7 or not any property is taken.
8 § 715. Damages for vacation of roads.
9 Whenever a public road, street or highway is vacated, the
10 affected owners may recover damages for any injuries sustained,
11 even though no land is actually taken.
12 § 716. Attempted avoidance of monetary just compensation.
13 Where a condemnor attempts to avoid the payment of monetary
14 just compensation to which the condemnee otherwise would be
15 entitled by use of a substitute for monetary compensation and
16 the condemnee incurs expenses, including appraisal, attorney and
17 engineering fees, in securing an adjudication that the
18 substitute is not adequate, the condemnee shall be reimbursed by
19 the condemnor for all these expenses incurred.
20 CHAPTER 9
21 SPECIAL DAMAGES FOR DISPLACEMENT
22 Sec.
23 901. Definitions.
24 902. Moving and related expenses of displaced persons.
25 903. Replacement housing for homeowners.
26 904. Replacement housing for tenants and others.
27 905. Housing replacement authorization.
28 906. Regulations.
29 907. Payments not to be considered as income or resources.
30 § 901. Definitions.
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1 The following words and phrases when used in this chapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Acquiring agency." The term includes an agency or person
5 that is carrying out a program or project to the extent that the
6 agency or person causes a person to become a displaced person.
7 § 902. Moving and related expenses of displaced persons.
8 (a) Reasonable expenses incurred.--
9 (1) Any displaced person shall be reimbursed for
10 reasonable expenses incurred in moving the displaced person
11 and the person's family and for the removal, transportation
12 and reinstallation of personal property.
13 (i) Receipts shall be prima facie evidence of
14 incurred reasonable moving expenses.
15 (ii) Any displaced person who is displaced from a
16 dwelling may elect to receive, in lieu of reimbursement
17 of incurred moving expenses, a moving expense and
18 dislocation allowance determined according to a schedule
19 established by the acquiring agency.
20 (2) As used in this subsection, the following words and
21 phrases shall have the meanings given to them in this
22 paragraph:
23 "Displaced person." Includes any person who moves from
24 real property or moves personal property:
25 (i) as a direct result of a written notice of intent
26 to acquire or the acquisition of other real property, in
27 whole or in part, on which the person conducts a business
28 or farm operation for a program or project undertaken by
29 an acquiring agency; or
30 (ii) as a direct result of rehabilitation,
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1 demolition or other displacing activity of other real
2 property on which such person conducts a business or a
3 farm operation under a program or project undertaken by
4 an acquiring agency if the displacement is permanent.
5 (b) Damages for dislocation of business or farm operation.--
6 Any displaced person who is displaced from a place of business
7 or from a farm operation shall be entitled, in addition to any
8 payment received under subsection (a), to damages for
9 dislocation of business or farm operation as follows:
10 (1) Damages equal to the value in place of the personal
11 property which:
12 (i) is not moved because of the discontinuance of
13 the business or farm operation or the unavailability of a
14 comparable site for relocation; or
15 (ii) cannot be moved without substantially
16 destroying or diminishing its utility in the relocated
17 business or farm operation.
18 (2) In lieu of the damages provided in paragraph (1), at
19 the option of the displaced person, an amount not to exceed
20 $10,000 to be determined by taking 50% of the difference, if
21 any, between the original cost of the personal property to
22 the displaced person or the replacement cost of equivalent
23 property at the time of sale, whichever is lower, and the net
24 proceeds obtained by the displaced person at a commercially
25 reasonable private or public sale. If this option is
26 selected, the displaced person shall give the acquiring
27 agency not less than 60 days' notice in writing of intention
28 to seek damages under this option. The displaced person shall
29 not, directly or indirectly, purchase any of the personal
30 property at private sale. Inventory shall be paid for under
20010S0983B1185 - 41 -
1 this option only if the business is not relocated.
2 (3) Actual reasonable expenses in searching for a
3 replacement business or farm.
4 (4) Actual reasonable expenses necessary to reestablish
5 a displaced farm, nonprofit organization or small business at
6 its new site, but not to exceed $10,000. Sites occupied
7 solely by outdoor advertising signs, displays or devices do
8 not qualify for this benefit.
9 (5) In addition to damages under subsection (a) and
10 paragraphs (1), (2), (3) or (4), damages in an amount equal
11 to the average annual net earnings but not more than $50,000
12 nor less than $2,500. As used in this paragraph, the term
13 "average annual net earnings" means one-half of any net
14 earnings of the business or farm operation before Federal,
15 State and local income taxes during the two taxable years
16 immediately preceding the taxable year in which the business
17 or farm operation moves from the real property acquired for a
18 project and includes any compensation paid by the business or
19 farm operation to the owner, a spouse or dependents during
20 this period. The regulations promulgated under section 906
21 (relating to regulations) may designate another period
22 determined to be more equitable for establishing average
23 annual net earnings as long as the designated period does not
24 produce a lesser payment than would be produced by use of the
25 last two taxable years. Payment shall be made only if the
26 business cannot be relocated without a substantial loss of
27 profits and if the business is not part of a commercial
28 enterprise having more than three other entities which are
29 not being acquired by the acquiring agency and which are
30 under the same ownership and are engaged in the same or
20010S0983B1185 - 42 -
1 similar business activities. A person whose sole business at
2 a dwelling from which the person is displaced is the rental
3 of such property to others shall not qualify for a payment
4 under this paragraph.
5 § 903. Replacement housing for homeowners.
6 (a) Additional payments to certain homeowners.--In addition
7 to payments otherwise authorized, the acquiring agency shall
8 make an additional payment not in excess of $22,500 to any
9 displaced person who is displaced from a dwelling actually owned
10 and occupied by the displaced person for not less than 180 days
11 prior to the initiation of negotiations for the acquisition of
12 the property or the receipt of written notice from the acquiring
13 agency of intent to acquire or order to vacate. The additional
14 payment shall include the following elements:
15 (1) The amount, if any, which, when added to the
16 acquisition cost of the acquired dwelling, equals the
17 reasonable cost of a comparable replacement dwelling which is
18 available to the displaced person on the private market.
19 (2) The amount, if any, which will compensate the
20 displaced person for any increased interest and other debt
21 service costs which the person is required to pay for
22 financing the acquisition of any comparable replacement
23 dwelling. The amount shall be paid only if the acquired
24 dwelling was subject to an installment purchase contract or
25 encumbered by a bona fide installment purchase contract,
26 mortgage or other evidence of debt secured by the dwelling
27 which was a valid lien on such dwelling for not less than 180
28 days immediately prior to the initiation of negotiations for
29 the acquisition of such dwelling.
30 (3) Reasonable expenses incurred by the displaced person
20010S0983B1185 - 43 -
1 for evidence of title, recording and attorney fees, real
2 property transfer taxes and other closing and related costs
3 incident to the purchase and financing of the replacement
4 dwelling, but not including prepaid expenses.
5 (b) One-year time period for purchase of replacement
6 dwelling.--The additional payment authorized by this section
7 shall be made only to a displaced person who purchases and
8 occupies a replacement dwelling, which is decent, safe, sanitary
9 and adequate to accommodate the displaced person, not later than
10 the end of the one-year period beginning on the date on which
11 the person receives final payment of full acquisition cost for
12 the acquired dwelling or on the date on which the person moves
13 from the acquired dwelling, whichever is later. Regulations
14 issued under section 906 (relating to regulations) may prescribe
15 situations when the one-year period may be extended. If the
16 period is extended, the payment under this section shall be
17 based on the costs of relocating the person to a comparable
18 replacement dwelling within one year of the date on which the
19 person received final payment of full acquisition costs for the
20 acquired dwelling.
21 (c) Right of election.--The person entitled under this
22 section shall have the right to elect the benefits available
23 under section 904 (relating to replacement housing for tenants
24 and others) in lieu of those provided by this section.
25 § 904. Replacement housing for tenants and others.
26 (a) Payment to certain displaced persons.--
27 (1) In addition to amounts otherwise authorized, an
28 acquiring agency shall make a payment to or for any displaced
29 person displaced from a dwelling not eligible to receive a
30 payment under section 903 (relating to replacement housing
20010S0983B1185 - 44 -
1 for homeowners), which dwelling was actually and lawfully
2 occupied by the displaced person for not less than 90 days
3 prior to the initiation of negotiations for acquisition of
4 the dwelling or the receipt of written notice from the
5 acquiring agency of intent to acquire or order to vacate. The
6 payment shall be the amount determined to be necessary to
7 enable the displaced person to lease a comparable replacement
8 dwelling for a period not to exceed 42 months. The amount
9 shall be the additional amount, if any, over the actual
10 rental or fair rental value of the acquired dwelling, but not
11 more than $5,250.
12 (2) Any person eligible for a payment under paragraph
13 (1) may elect to apply the payment to a down payment on, and
14 other incidental expenses pursuant to, the purchase of a
15 decent, safe and sanitary replacement dwelling.
16 (b) Condition of payment.--The additional payment authorized
17 by this section shall be made only to a displaced person who
18 occupies a replacement dwelling which is decent, safe and
19 sanitary.
20 § 905. Housing replacement authorization.
21 (a) Short title of section.--This section shall be known and
22 may be cited as the Housing Replacement Authorization Act.
23 (b) Housing replacements by acquiring agency as last
24 resort.--
25 (1) If comparable replacement sale or rental housing is
26 not available in the neighborhood or community in which a
27 program or project is located and this housing cannot
28 otherwise be made available, the acquiring agency may
29 purchase, construct, reconstruct or otherwise provide
30 replacement housing by use of funds authorized for the
20010S0983B1185 - 45 -
1 program or project. For this purpose, the acquiring agency
2 may exercise its power of eminent domain to acquire property
3 in fee simple or any lesser estate as it deems advisable.
4 (2) Replacement housing provided under this section may
5 be sold, leased or otherwise disposed of by the acquiring
6 agency, for or without consideration, to displaced persons or
7 to nonprofit, limited dividend or cooperative organizations
8 or public bodies, on terms and conditions as the acquiring
9 agency deems necessary and proper to effect the relocation of
10 persons displaced by a program or project.
11 (3) The acquiring agency may contract with other public
12 agencies or any person for the financing, planning,
13 acquisition, development, construction, management, sale,
14 lease or other disposition of replacement housing provided
15 under this section.
16 (c) Planning and other preliminary expenses for replacement
17 housing.--In order to encourage and facilitate the construction
18 or rehabilitation of housing to meet the needs of displaced
19 persons, any governmental acquiring agency may make loans and
20 grants to nonprofit, limited dividend or cooperative
21 organizations or public bodies for necessary and reasonable
22 expenses, prior to construction, for planning and obtaining
23 mortgage financing for the rehabilitation or construction of
24 housing for these displaced persons. These loans and grants
25 shall be made prior to the availability of financing for items
26 such as preliminary surveys and analyses of market needs,
27 preliminary site engineering, preliminary architectural fees,
28 legal, appraisal and organizational fees, site acquisition,
29 application and mortgage commitment fees, construction loan fees
30 and discounts and similar items. Loans to an organization
20010S0983B1185 - 46 -
1 established for profit shall bear interest at market rate
2 determined by the acquiring agency. All other loans and grants
3 shall be without interest. The acquiring agency shall require
4 repayment of loans and grants made under this section, under any
5 terms and conditions it requires, upon completion of the project
6 or sooner. However, except in the case of a loan to an
7 organization established for profit, the acquiring agency may
8 cancel any part or all of a loan and may cancel the repayment
9 provisions of a grant if it determines that a permanent loan to
10 finance the rehabilitation or the construction of the housing
11 cannot be obtained in an amount adequate for repayment of the
12 loan.
13 (d) Availability of funds.--Funds, including motor license
14 funds and other special funds, appropriated or otherwise
15 available to any acquiring agency for a program or project,
16 which results in the displacement of any person, shall be
17 available also for obligations and expenditures to carry out the
18 provisions of this section.
19 § 906. Regulations.
20 The General Counsel may promulgate regulations necessary to
21 assure that:
22 (1) The payments authorized by this chapter shall be
23 made in a manner which is fair and reasonable and as uniform
24 as practicable.
25 (2) A displaced person who makes proper application for
26 a payment authorized for that person by this chapter shall be
27 paid promptly after a move or, in hardship cases, be paid in
28 advance.
29 (3) Any person aggrieved by a determination as to
30 eligibility for a payment authorized by this chapter or the
20010S0983B1185 - 47 -
1 amount of a payment may elect to have the application
2 reviewed by the head of the acquiring agency.
3 (4) Each displaced person shall receive the maximum
4 payments authorized by this chapter.
5 (5) Each acquiring agency may obtain the maximum Federal
6 reimbursement for relocation payment and assistance costs
7 authorized by any Federal law.
8 § 907. Payments not to be considered as income or resources.
9 No payment received by a displaced person under this chapter
10 shall be considered as income or resources for the purpose of
11 determining the eligibility or extent of eligibility of any
12 person for assistance under any State law or for the purposes of
13 the State or local personal income or wage tax laws, corporation
14 tax laws or other tax laws. No payments under this chapter
15 except those provided for in section 902(b) (relating to moving
16 and related expenses of displaced persons) shall be subject to
17 attachment or execution at law or in equity.
18 CHAPTER 11
19 EVIDENCE
20 Sec.
21 1101. Viewers' hearing.
22 1102. Condemnor's evidence before viewers.
23 1103. Trial in court on appeal.
24 1104. Competency of condemnee as witness.
25 1105. Evidence generally.
26 1106. Use of condemned property.
27 § 1101. Viewers' hearing.
28 The viewers may hear testimony, receive evidence and make
29 independent investigation as they deem appropriate, without
30 being bound by formal rules of evidence.
20010S0983B1185 - 48 -
1 § 1102. Condemnor's evidence before viewers.
2 The condemnor shall, at the hearing before the viewers,
3 present expert testimony of the amount of damages suffered by
4 the condemnee.
5 § 1103. Trial in court on appeal.
6 At the trial in court on appeal:
7 (1) Either party may, as a matter of right, have the
8 jury or the judge in a trial without a jury view the property
9 involved, notwithstanding that structures have been
10 demolished or the site altered, and the view shall be
11 evidentiary. If the trial is with a jury, the trial judge
12 shall accompany the jury on the view.
13 (2) If any valuation expert who has not previously
14 testified before the viewers is to testify, the party calling
15 the expert must disclose the expert's name and serve a
16 statement of the valuation of the property before and after
17 the condemnation and the expert's opinion of the highest and
18 best use of the property before the condemnation and of any
19 part remaining after the condemnation on the opposing party
20 at least ten days before the commencement of the trial.
21 (3) The report of the viewers and the amount of their
22 award shall not be admissible as evidence.
23 § 1104. Competency of condemnee as witness.
24 The condemnee or an officer of a corporate condemnee, without
25 further qualification, may testify as to just compensation
26 without compliance with the provisions of section 1103(2)
27 (relating to trial in court on appeal).
28 § 1105. Evidence generally.
29 At the hearing before the viewers or at the trial in court on
30 appeal:
20010S0983B1185 - 49 -
1 (1) A qualified valuation expert may, on direct or
2 cross-examination, state any or all facts and data which the
3 expert considered in arriving at an opinion, whether or not
4 the expert has personal knowledge of the facts and data; and
5 a statement of the facts and data and the sources of
6 information shall be subject to impeachment and rebuttal.
7 (2) A qualified valuation expert may, on direct or
8 cross-examination, testify in detail as to the valuation of
9 the property on a comparable market value, reproduction cost
10 or capitalization basis, which testimony may include, but
11 shall not be limited to, the following:
12 (i) The price and other terms of any sale or
13 contract to sell the condemned property or comparable
14 property made within a reasonable time before or after
15 the date of condemnation.
16 (ii) The rent reserved and other terms of any lease
17 of the condemned property or comparable property which
18 was in effect within a reasonable time before or after
19 the date of condemnation.
20 (iii) The capitalization of the net rental or
21 reasonable net rental value of the condemned property,
22 including reasonable net rental values customarily
23 determined by a percentage or other measurable portion of
24 gross sales or gross income of a business which may
25 reasonably be conducted on the premises, as distinguished
26 from the capitalized value of the income or profits
27 attributable to any business conducted on the premises of
28 the condemned property.
29 (iv) The value of the land together with the cost of
30 replacing or reproducing the existing improvements less
20010S0983B1185 - 50 -
1 depreciation or obsolescence.
2 (v) The cost of adjustments and alterations to any
3 remaining property made necessary or reasonably required
4 by the condemnation.
5 (3) Either party may show the difference between the
6 condition of the property and of the immediate neighborhood
7 at the time of condemnation and at the time of view, either
8 by the viewers or jury.
9 (4) The assessed valuations of property condemned shall
10 not be admissible in evidence for any purpose.
11 (5) A qualified valuation expert may testify that the
12 expert has relied upon the written report of another expert
13 as to the cost of adjustments and alterations to any
14 remaining property made necessary or reasonably required by
15 the condemnation, but only if a copy of the written report
16 has been furnished to the opposing party ten days in advance
17 of the trial.
18 (6) If otherwise qualified, a valuation expert shall not
19 be disqualified by reason of not having made sales of
20 property or not having examined the condemned property prior
21 to the condemnation if the expert can show he has acquired
22 knowledge of its condition at the time of the condemnation.
23 § 1106. Use of condemned property.
24 In arriving at a valuation of the remaining part of the
25 property in a partial condemnation, an expert witness may
26 consider and testify to the use to which the condemned property
27 is intended to be put by the condemnor.
28 Section 2. Title 42 is amended by adding a section to read:
29 § 702.1. Expedited appeals in eminent domain proceedings.
30 When a court in an eminent domain proceeding rules on
20010S0983B1185 - 51 -
1 preliminary objections to a declaration of taking and is of the
2 opinion that the matters involved are of immediate public
3 importance, it shall, upon request of a party, so state in the
4 order. If an appeal is taken from that order, the appellate
5 court shall give priority to the determination of the issues
6 raised by the appeal.
7 Section 3. Sections 5526(4), 5527, 5530(a)(3) and 6121 of
8 Title 42 are amended to read:
9 § 5526. Five year limitation.
10 The following actions and proceedings must be commenced
11 within five years:
12 * * *
13 [(4) A proceeding in inverse condemnation, if property
14 has been injured but no part thereof has been taken, or if
15 the condemnor has made payment in accordance with section
16 407(a) or (b) (relating to possession and payment of
17 compensation) of the act of June 22, 1964 (Sp.Sess., P.L.84,
18 No.6), known as the "Eminent Domain Code."]
19 § 5527. Six year limitation.
20 (a) Eminent domain.--
21 (1) If a condemnor has filed a declaration of taking, a
22 petition for the appointment of viewers for the assessment of
23 damages under Title 26 (relating to eminent domain) must be
24 filed within six years from the date on which the condemnor
25 first made payment in accordance with 26 Pa.C.S. § 307(a) or
26 (b) (relating to possession, right of entry and payment of
27 compensation). If payment is not required to be made under 26
28 Pa.C.S. § 307(a) to obtain possession, a petition for the
29 appointment of viewers must be filed within six years of the
30 filing of the declaration of taking.
20010S0983B1185 - 52 -
1 (2) If the condemnor has not filed a declaration of
2 taking, a petition for the appointment of viewers for the
3 assessment of damages under Title 26 must be filed within six
4 years from the date on which the asserted taking, injury or
5 destruction of the property occurred or could reasonably have
6 been discovered by the condemnee.
7 (b) Other civil action or proceeding.--Any civil action or
8 proceeding which is neither subject to another limitation
9 specified in this subchapter nor excluded from the application
10 of a period of limitation by section 5531 (relating to no
11 limitation) must be commenced within six years.
12 § 5530. Twenty-one year limitation.
13 (a) General rule.--The following actions and proceedings
14 must be commenced within 21 years:
15 * * *
16 [(3) A proceeding in inverse condemnation, if property
17 has been taken and the condemnor has not made payment in
18 accordance with section 407(a) or (b) (relating to possession
19 and payment of compensation) of the act of June 22, 1964
20 (Sp.Sess., P.L.84, No.6), known as the "Eminent Domain
21 Code."]
22 * * *
23 § 6121. Eminent domain matters.
24 Eminent domain matters shall be governed by the provisions of
25 [Article VII (relating to evidence) of the act of June 22, 1964
26 (Sp.Sess., P.L.84, No.6), known as the "Eminent Domain Code,"]
27 26 Pa.C.S. Ch. 11 (relating to evidence) in addition to the
28 provisions of this chapter.
29 Section 4. Section 1505 of Title 51 is amended to read:
30 § 1505. Donation of land by political subdivisions.
20010S0983B1185 - 53 -
1 It shall be lawful for any county, city, borough, town or
2 township to acquire by purchase or by gift, or by the right of
3 eminent domain, any land for the use of the Pennsylvania
4 National Guard, and to convey such lands so acquired to the
5 Commonwealth of Pennsylvania. The proceedings for the
6 condemnation of lands under the provisions of this chapter and
7 for the assessment of damages for the property taken, injured or
8 destroyed shall be taken in the same manner as is now provided
9 by [the act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as
10 the "Eminent Domain Code."] Title 26 (relating to eminent
11 domain).
12 Section 5. Repeals are as follows:
13 (1) The following acts and parts of acts are repealed:
14 Section 2003(e)(2)(i)(B) of the act of April 9, 1929
15 (P.L.177, No.175), known as The Administrative Code of
16 1929.
17 Act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known
18 as the Eminent Domain Code.
19 Act of December 29, 1971 (P.L.646, No.170), entitled
20 "An act to allow for the provision of relocation
21 assistance and the payment of relocation benefits under
22 federally assisted programs to persons who would not
23 qualify for such payments under the Eminent Domain Code
24 of the Commonwealth of Pennsylvania."
25 Act of December 6, 1972 (P.L.1410, No.304), known as
26 the Housing Replacement Authorization Act.
27 As much of section 302(a) of the act of December 21,
28 1988 (P.L.1444, No.177), known as the General Association
29 Act of 1988, as reads as follows: "A court may issue a
30 writ of possession to the condemnor prior to the
20010S0983B1185 - 54 -
1 disposition of preliminary objections which challenge the
2 validity of a condemnation of rights-of-way or easements
3 for occupation by water, electric, gas, oil and/or
4 petroleum products, telephone or telegraph lines used
5 directly or indirectly in furnishing service to the
6 public, and if it shall be determined finally that the
7 condemnation is invalid in whole or in part, the affected
8 owners may recover damages for any injuries sustained
9 thereby and shall be entitled to such equitable relief as
10 may be appropriate in the circumstances."
11 (2) Except as to the measure of damages prescribed by 26
12 Pa.C.S. Ch. 7, nothing in this act shall repeal, modify or
13 supplant Articles XXVII, XXVIII and XXIX of the act of July
14 28, 1953 (P.L.723, No.230), known as the Second Class County
15 Code, as they are applicable to procedures in the court of
16 common pleas with respect to bridges, viaducts, culverts and
17 roads.
18 (3) The following provisions are saved from repeal:
19 Section 2003(e)(7) of the act of April 9, 1929
20 (P.L.177, No.175), known as The Administrative Code of
21 1929.
22 15 Pa.C.S. § 1511(g)(2).
23 (4) All other acts and parts of acts are repealed
24 insofar as they are inconsistent with this act.
25 Section 6. Applicability shall be as follows:
26 (1) Except as provided in paragraph (2) or (3), this act
27 shall apply to all condemnations effected on or after the
28 effective date of this act.
29 (2) The addition of 26 Pa.C.S. § 713(a) shall apply to
30 all periods of time after the effective date of this act with
20010S0983B1185 - 55 -
1 respect to condemnations effected prior to the effective date
2 of this act.
3 (3) The amendments of 42 Pa.C.S. §§ 5526(4), 5527 and
4 5530(a)(3) shall apply only to causes of action which accrue
5 after the effective date of this act.
6 Section 7. This act shall take effect in 60 days.
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