EMINENT DOMAINTitle 26

TABLE OF CONTENTS

TITLE 26EMINENT DOMAIN

Chapter 1. General Provisions

� 101. Short title of title.� 102. Application of title.� 103. Definitions.

Chapter 2. Limitations on Use of Eminent Domain

� 201. Short title of chapter.� 202. Definitions.� 203. Applicability.� 204. Eminent domain for private business prohibited.� 205. Blight.� 206. Extraterritorial takings.� 207. Eminent domain of agricultural property.

Chapter 3. Precedure to Condemn

� 301. Venue.� 302. Declaration of taking.� 303. Security required.� 304. Recording notice of condemnation.� 305. Notice to condemnee.� 306. Preliminary objections.� 307. Possession, right of entry and payment of compensation.� 308. Revocation of condemnation proceedings.� 309. Right to enter property prior to condemnation.� 310. Abandonment of project.

Chapter 5. Procedure for Determining Damages

� 501. Agreement as to damages.� 502. Petition for appointment of viewers.� 503. View.� 504. Appointment of viewers.� 505. Service of notice of view and hearing.� 506. Additional condemnees, mortgagees and intervention.� 507. Joint claims.� 508. Appointment of trustee or guardian ad litem.� 509. Furnishing of plans to viewers.� 510. Powers of viewers.� 511. Administrative matters for viewers' hearings.� 512. Report of viewers.� 513. Disagreement.� 514. Filing of report of viewers.� 515. Reports.� 516. Right of appeal.� 517. Appeals.� 518. Disposition of appeal.� 519. Allocation of damages.

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� 520. Waiver of viewers' proceedings and termination bystipulation.

� 521. Liens and distribution of damages.� 522. Payment into court and distribution.

Chapter 7. Just Compensation and Measure of Damages

� 701. Just compensation; other damages.� 702. Measure of damages.� 703. Fair market value.� 704. Effect of imminence of condemnation.� 705. Contiguous tracts and unity of use.� 706. Effect of condemnation use on after value.� 707. Removal of machinery, equipment or fixtures.� 708. Expenses incidental to transfer of title.� 709. Condemnee's costs where no declaration of taking filed.� 710. Limited reimbursement of appraisal, attorney and

engineering fees.� 711. Payment on account of increased mortgage costs.� 712. Loss of rentals because of imminence of condemnation.� 713. Delay compensation.� 714. Consequential damages.� 715. Damages for vacation of roads.� 716. Attempted avoidance of monetary just compensation.

Chapter 9. Special Damages for Displacement

� 901. Definitions.� 902. Moving and related expenses of displaced persons.� 903. Replacement housing for homeowners.� 904. Replacement housing for tenants and others.� 905. Housing replacement authorization.� 906. Regulations.� 907. Payments not to be considered as income or resources.

Chapter 11. Evidence

� 1101. Viewers' hearing.� 1102. Condemnor's evidence before viewers.� 1103. Trial in court on appeal.� 1104. Competency of condemnee as witness.� 1105. Evidence generally.� 1106. Use of condemned property.

CHAPTER 2LIMITATIONS ON USE OF EMINENT DOMAIN

Sec.201. Short title of chapter.202. Definitions.203. Applicability.204. Eminent domain for private business prohibited.205. Blight.206. Extraterritorial takings.207. Eminent domain of agricultural property.

__________Enactment. Chapter 2 was added May 4, 2006, P.L.112, No.34,effective in 120 days, and May 4, 2006, P.L.148, No.35,

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effective in 120 days.______________Applicability. Section 3(a) of Act 35 of 2006 provided that

Act 35 shall apply to the exercise of the power of eminentdomain on or after the effective date of section 3.� 101. Short title of title.

This title shall be known and may be cited as the EminentDomain Code.� 102. Application of title.

(a) General rule.--This title provides a complete andexclusive procedure and law to govern all condemnations ofproperty for public purposes and the assessment of damages.

(b) Construction.--Nothing in this title shall be construed:(1) To affect the jurisdiction or power of the

Pennsylvania Public Utility Commission or any statuteproviding for the assessment of benefits for publicimprovements on the properties benefited.

(2) To enlarge or diminish the power of condemnationgiven by law to any condemnor.

� 103. Definitions.Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specificprovisions of this title, the following words and phrases whenused in this title shall have the meanings given to them in thissection unless the context clearly indicates otherwise:

"Acquiring agency." Any entity, including the Commonwealth,vested with the power of eminent domain by the laws of thisCommonwealth. This definition is subject to section 901(relating to definitions).

"Acquisition cost." General damages or, in the event ofamicable acquisition, the price paid by the acquiring agency.

"Business." Any lawful activity, except a farm operation,conducted:

(1) primarily for the purchase, sale, lease or rental ofpersonal or real property or for the manufacture, processingor marketing of products, commodities or any other personalproperty;

(2) primarily for the sale of services to the public;(3) primarily for outdoor advertising display purposes

if the display must be moved as a result of the project; or(4) by a nonprofit organization.

"Comparable replacement dwelling." A dwelling that is:(1) Decent, safe and sanitary.(2) Adequate in size to accommodate the occupants.(3) Within the financial means of the displaced person.(4) Functionally equivalent.(5) In an area not subject to unreasonable adverse

environmental conditions.(6) In a location generally not less desirable than the

location of the displaced person's dwelling with respect topublic utilities, facilities, services and the displacedperson's place of employment."Condemn." To take, injure or destroy property by authority

of law for a public purpose."Condemnee." The owner of a property interest taken, injured

or destroyed. The term does not include a mortgagee, judgmentcreditor or other lienholder.

"Condemnor." The acquiring agency, including theCommonwealth, that takes, injures or destroys property byauthority of law for a public purpose.

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"Court." The court of common pleas."Displaced person."

(1) Except as set forth in paragraph (2) or (3), any ofthe following:

(i) A condemnee or other person that moves from realproperty or moves personal property from real property:

(A) as a direct result of a written notice ofintent to acquire or the acquisition of the realproperty, in whole or in part, for a program orproject undertaken by an acquiring agency; or

(B) on which such person is a residential tenantor conducts a small business or a farm operation as adirect result of rehabilitation, demolition or otherdisplacing activity for a program or projectundertaken by an acquiring agency if the displacementis permanent.(ii) A person that was in occupancy of the real

property on or before the date of acquisition,notwithstanding the termination or expiration of a leaseentered into before or after the event giving rise to thedisplacement.(2) The term does not include any of the following:

(i) A person that unlawfully occupies thedisplacement property or occupied the property for thepurpose of obtaining assistance under this title.

(ii) In any case in which the acquiring agencyacquires real property for a program or project, aperson, other than a person that was an occupant of theproperty at the time it was acquired, that occupies theproperty on a rental basis for a short term or a periodsubject to termination when the property is needed forthe program or project.(3) This definition is subject to section 902(a)(2)

(relating to moving and related expenses of displacedpersons)."Farm operation." Any activity conducted solely or primarily

for the production of one or more agricultural products orcommodities, including timber, for sale or home use andcustomarily producing these products or commodities insufficient quantity to be capable of contributing materially tothe operator's support.

"Natural disaster." A disaster officially declared as anatural disaster by the Governor.

"Personal property." Any tangible property not considered tobe real property for purposes of general damages under the lawsof this Commonwealth.

"Program or project." Any program or project undertaken byor for an acquiring agency as to which it has the authority toexercise the power of eminent domain.

"Small business." A business that has less than 501employees who are:

(1) working at the site being acquired; or(2) permanently displaced by a program or project.

"Utility." A public utility as defined in 66 Pa.C.S. � 102(relating to definitions).

CHAPTER 2LIMITATIONS ON USE OF EMINENT DOMAIN

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Sec.201. Short title of chapter.202. Definitions.203. Applicability.204. Eminent domain for private business prohibited.205. Blight.206. Extraterritorial takings.207. Eminent domain of agricultural property.

__________Enactment. Chapter 2 was added May 4, 2006, P.L.112, No.34,effective in 120 days and May 4, 2006, P.L.148, No.35, effectivein 120 days.

______________Applicability. Section 3(a) of Act 35 of 2006 provided thatAct 35 shall apply to the exercise of the power of eminentdomain on or after the effective date of section 3.� 201. Short title of chapter.

This chapter shall be known and may be cited as the PropertyRights Protection Act.� 202. Definitions.

The following words and phrases when used in this chaptershall have the meanings given to them in this section unless thecontext clearly indicates otherwise:

"Agricultural commodity." As defined under section 2 of theact of June 10, 1982 (P.L.454, No.133), referred to as theRight-to-Farm Law.

"Agricultural operation." A person engaged commercially inthe production of an agricultural commodity that has ananticipated yearly gross income of at least $10,000.

"Agricultural property." Property that is owned or operatedby an agricultural operation in the course of the operation'sproduction, harvesting or preparation for market of anagricultural commodity. The term also includes any residentialdwelling or woodlot situated on the property.

"Common carrier." Any and all persons or corporationsholding out, offering or undertaking, directly or indirectly,service for compensation to the public for the transportation ofpassengers or property, or both, or any class of passengers orproperty, by, through, over, above or under land, water or air,and shall include forwarders, but shall not include contractcarriers by motor vehicles, or brokers, or any bona fidecooperative association transporting property exclusively forthe members of such association on a nonprofit basis.

"Commonwealth agency." As defined in 2 Pa.C.S. � 101(relating to definitions).

"Condemnee." A person that owns property subject to theexercise of the power of eminent domain by a condemnor.

"Condemnor." Any of the following which is authorized by lawto exercise the power of eminent domain:

(1) The Commonwealth, a Commonwealth agency or aninstrumentality or authority of the Commonwealth.

(2) A political subdivision, an agency of a politicalsubdivision or an instrumentality or authority of a politicalsubdivision.

(3) A public utility as defined in 66 Pa.C.S. � 102(relating to definitions).

(4) A private entity.(5) An electrical cooperative corporation under 15

Pa.C.S. Ch. 73 (relating to electric cooperativecorporations).

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"Eminent domain." The power of the Commonwealth to takeprivate property for public use in return for just compensation.

"Private enterprise." A for-profit or not-for-profit entityor organization. This term does not include any entity ororganization that meets the definition of an institution ofpurely public charity pursuant to the act of November 26, 1997(P.L.508, No.55), known as the Institutions of Purely PublicCharity Act.

"Redevelopment area." As defined in section 3(n) of the actof May 24, 1945 (P.L.991, No.385), known as the UrbanRedevelopment Law.

"Unit of property." A parcel of real estate or condominiumunit, including any interest in common elements withimprovements thereon, if any, that is identified by a legaldescription in a recorded deed or a tax identification number.� 203. Applicability.

(a) Authority.--Except as set forth in subsection (b), thelimitations and protections set forth in this chapter apply tothe exercise of eminent domain by a condemnor.

(b) Exception.--This chapter does not affect any of thefollowing:

(1) The jurisdiction or power of the Pennsylvania PublicUtility Commission.

(2) Any statute providing for the assessment of benefitsfor public improvement on the properties benefited.

(3) The jurisdiction or power of the PhiladelphiaRegional Port Authority to exercise eminent domain within adesignated port zone for a port facility as defined in theact of July 10, 1989 (P.L.291, No.50), known as thePhiladelphia Regional Port Authority Act.

(4) The exercise of eminent domain within a city of thefirst or second class in areas that were certified, on orbefore the effective date of this chapter, as blighted undersection 2 of the act of May 24, 1945 (P.L.991, No.385), knownas the Urban Redevelopment Law. This paragraph shall expireDecember 31, 2012.

(5) The exercise of eminent domain by a home rule countyof the second class A, or a municipality located therein, inareas that were certified, on or before the effective date ofthis chapter, as blighted under section 2 of the UrbanRedevelopment Law. This paragraph shall expire December 31,2012.

(6) The exercise of eminent domain within a home rulemunicipality by a county of the second class A in areas thatwere certified, on or before the effective date of thischapter, as blighted under section 2 of the UrbanRedevelopment Law. This paragraph shall expire December 31,2012.(c) Construction.--Nothing in this chapter shall be deemed

to expand or enlarge the power of a condemnor to utilize eminentdomain.� 204. Eminent domain for private business prohibited.

(a) Prohibition.--Except as set forth in subsection (b), theexercise by any condemnor of the power of eminent domain to takeprivate property in order to use it for private enterprise isprohibited.

(b) Exception.--Subsection (a) does not apply if any of thefollowing apply:

(1) (i) the condemnee consents to the use of the

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property for private enterprise; or(ii) the condemnee does not file or does not prevail

on preliminary objection filed to a declaration of takingfor the acquisition of condemnee's property.(2) The property is taken by, to the extent the party

has the power of eminent domain, transferred or leased to anyof the following:

(i) A public utility or railroad as defined in 66Pa.C.S. � 102 (relating to definitions).

(ii) A common carrier.(iii) A private enterprise that occupies an

incidental area within a public project, such as retailspace, office space, restaurant and food service facilityor similar incidental area.(3) There is, on or associated with the property taken,

a threat to public health or safety. This paragraph includesthe following:

(i) Removal of a public nuisance.(ii) Removal of a structure which is:

(A) beyond repair; or(B) unfit for human habitation or use.

This paragraph does not include activities and structures forwhich nuisance actions are prohibited under section 4 of theact of June 10, 1982 (P.L.454, No.133), referred to as theRight-to-Farm Law.

(4) The property taken is abandoned.(5) The property taken meets the requirements of section

205 (relating to blight).(6) The property taken is acquired by a condemnor

pursuant to section 12.1 of the act of May 24, 1945 (P.L.991,No.385), known as the Urban Redevelopment Law.

(7) The property taken is acquired for the developmentof low-income and mixed-income housing projects pursuant tothe act of May 28, 1937 (P.L.955, No.265), known as theHousing Authorities Law, or to be developed using financialincentives available for the development of low-income andmixed-income housing projects under:

(i) section 42 of the Internal Revenue Code of 1986(Public Law 99-514, 26 U.S.C. � 42);

(ii) the Housing and Community Development Act of1974 (Public Law 93-383, 88 Stat. 633);

(iii) the Cranston-Gonzalez National AffordableHousing Act (Public Law 101-625, 42 U.S.C. � 12701 etseq.);

(iv) 53 Pa.C.S. Ch. 60 (relating to optionalaffordable housing funding);

(v) the Brownfields for Housing and RedevelopmentAssistance programs of the Department of Community andEconomic Development;

(vi) the Homeownership Choice Program and thePennHOMES Program of the Pennsylvania Housing FinanceAgency; and

(vii) any successor program to a program under thisparagraph.(8) The property taken is acquired pursuant to the act

of June 25, 1999 (P.L.179, No.24), known as the EconomicDevelopment Eminent Domain Law, in order to allow for theremoval of blighted properties within the borders of a formermilitary facility located in a county of the second class A.

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(9) The property is used or to be used for any road,street, highway, trafficway or for property to be acquired toprovide access to a public thoroughfare for a property whichwould be otherwise inaccessible as the result of the use ofeminent domain or for ingress, egress or parking of motorvehicles.

_________________Cross References. Section 204 is referred to in section 207of this title.� 205. Blight.

(a) Scope.--This section applies notwithstanding the act ofMay 24, 1945 (P.L.991, No.385), known as the Urban RedevelopmentLaw.

(b) Single property.--For purposes of acquiring a singleunit of property by eminent domain, a condemnor is authorized orpermitted to declare a property, either within or outside of aredevelopment area, to be blighted only if the property is anyof the following:

(1) A premises which, because of physical condition oruse, is regarded as a public nuisance at common law or hasbeen declared a public nuisance in accordance with themunicipality housing, building, plumbing, fire or relatedcodes.

(2) A premises which, because of physical condition, useor occupancy, is considered an attractive nuisance tochildren. This paragraph includes an abandoned:

(i) well;(ii) shaft;(iii) basement;(iv) excavation; or(v) unsafe fence or structure.

(3) A dwelling which, because it is dilapidated,unsanitary, unsafe, vermin-infested or lacking in thefacilities and equipment required by statute or an applicablemunicipal code, has been designated by the agency responsiblefor enforcement of the statute or code as unfit for humanhabitation.

(4) A structure which is a fire hazard or is otherwisedangerous to the safety of persons or property.

(5) A structure from which the utilities, plumbing,heating, sewerage or other facilities have been disconnected,destroyed, removed or rendered ineffective so that theproperty is unfit for its intended use.

(6) Any vacant or unimproved lot or parcel of ground ina predominantly built-up neighborhood which, by reason ofneglect or lack of maintenance, has become a place foraccumulation of trash and debris or a haven for rodents orother vermin.

(7) An unoccupied property which has been tax delinquentfor a period of two years.

(8) A property which is vacant but not tax delinquentand which has not been rehabilitated within one year of thereceipt of notice to rehabilitate from the appropriateenforcement agency.

(9) An abandoned property. A property shall beconsidered abandoned under this paragraph if it:

(i) is a vacant or unimproved lot or parcel ofground on which a municipal lien for the cost ofdemolition of a structure located on the property remains

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unpaid for a period of six months;(ii) is a vacant property or vacant or unimproved

lot or parcel of ground on which the total of municipalliens on the property for tax or other type of claim ofthe municipality is in excess of 150% of the fair marketvalue of the property as established by the Board ofRevisions of Taxes or other body with legal authority todetermine the taxable value of the property; or

(iii) has been declared abandoned by the owner,including an estate that is in possession of theproperty.(10) A property which has defective or unusual

conditions of title or no known owners, rendering titleunmarketable.

(11) A property which has environmentally hazardousconditions, solid waste pollution or contamination in abuilding or on the land which poses a direct and immediatethreat to the health, safety and welfare of the community.

(12) A property having three or more of the followingcharacteristics:

(i) has unsafe or hazardous conditions that do notmeet current use, occupancy or fire codes;

(ii) has unsafe external and internal accessways;(iii) is being served by an unsafe public street or

right-of-way;(iv) violates the applicable property maintenance

code adopted by a municipality and is an immediate threatto public health and safety;

(v) is vacant;(vi) is located in a redevelopment area with a

density of at least 1,000 people per square mile or aredevelopment area with more than 90% of the units ofproperty being nonresidential or a municipality with adensity of at least 2,500 people per square mile.

(c) Multiple properties.--(1) For purposes of acquiring multiple units of property

by eminent domain, a condemnor is authorized or permitted todeclare an area, either within or outside of a redevelopmentarea, to be blighted only if:

(i) a majority of the units of property meet any ofthe requirements under subsection (b) and represent amajority of the geographical area; or

(ii) properties representing a majority of thegeographical area meet one or more of the conditions setforth in subsection (b)(1) through (11) or satisfy theconditions of subsection (b)(12) that are necessary for acondemnor to declare them blighted under subsection (b)and at least one-third of the units of property meet twoor more of the requirements under subsection (b)(1)through (11) or satisfy the conditions of subsection(b)(12) and one or more of the requirements undersubsection (b)(1) through (11).(2) A condemnor may use eminent domain to acquire any

unit of property within a blighted area so declared pursuantto this section.

(3) Properties owned by the condemnor within suchgeographical area may be included in any calculation ofwhether such units constitute a majority of the geographicalarea under this subsection.

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(4) For purposes of this subsection, a buildingcontaining multiple condominium units shall be treated as oneunit of property.(d) Redesignation.--If a condemnor seeks to add or enlarge a

blighted area, it must find that the area meets the requirementsof subsection (b) or (c) at the time of the addition orenlargement.

(e) Expiration.--The declaration of a blighted area shallexpire after 20 years.

______________Applicability. Section 3(b) of Act 35 of 2006 provided that,for property acquired pursuant to section 205, Act 35 shall notapply to units of property identified in a redevelopmentproposal approved by a governing body before the effective dateof section 3.

_________________Cross References. Section 205 is referred to in sections204, 207 of this title.� 206. Extraterritorial takings.

(a) General rule.--Except as set forth in subsection (b), nopolitical subdivision shall exercise eminent domain authorityagainst land that is situated in another political subdivisionwithout the approval by resolution of the governing body of thepolitical subdivision in which the land is situated.

(b) Exceptions.--This section shall not apply to any of thefollowing:

(1) A school district which exercises eminent domainauthority against property located within its geographicboundaries.

(2) An authority formed under 53 Pa.C.S. Ch. 56(relating to municipal authorities) which exercises eminentdomain authority against property located within itsgeographic boundaries.

(3) The exercise of eminent domain authority under 74Pa.C.S. � 5920 (relating to acquisition of air rights).

� 207. Eminent domain of agricultural property.(a) Approval required.--Notwithstanding any provision of law

to the contrary, approval by the Agricultural Lands CondemnationApproval Board shall be required prior to the exercise ofeminent domain authority by any agency of the Commonwealth orpolitical subdivision or municipal authority on agriculturalproperty under section 204(b)(3) (relating to eminent domain forprivate business prohibited) or 205 (relating to blight).Approval shall be obtained in accordance with section 13 of theact of June 30, 1981 (P.L.128, No.43), known as the AgriculturalArea Security Law.

(b) Determination of blight.--The exercise of eminent domainpowers based on a condition of the agricultural property shallnot be authorized under section 205 unless the AgriculturalLands Condemnation Approval Board determines the exercise isnecessary to protect the health and safety of the community.

(c) Disapproval.--The Agricultural Lands CondemnationApproval Board shall disapprove the proposed condemnation if theboard determines the condemnor is not authorized under thischapter to take the agricultural property by eminent domain.

CHAPTER 3PROCEDURE TO CONDEMN

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Sec.301. Venue.302. Declaration of taking.303. Security required.304. Recording notice of condemnation.305. Notice to condemnee.306. Preliminary objections.307. Possession, right of entry and payment of compensation.308. Revocation of condemnation proceedings.309. Right to enter property prior to condemnation.310. Abandonment of project.

__________Enactment. Chapter 3 was added May 4, 2006, P.L.112, No.34,effective in 120 days.� 301. Venue.

(a) General rule.--A condemnation proceeding shall bebrought in the court of the county in which the property islocated or, if the property is located in two or more counties,in the court of any one of the counties.

(b) Multiple counties.--Where the property is located in twoor more counties and a proceeding is commenced in the court ofone of the counties, all subsequent proceedings regarding thesame property shall be brought in the same county.� 302. Declaration of taking.

(a) Condemnation and passage of title.--(1) Condemnation under the power of condemnation given

by law to a condemnor shall be effected only by the filing incourt of a declaration of taking with the security requiredunder section 303(a) (relating to security required).

(2) The title which the condemnor acquires in theproperty condemned shall pass to the condemnor on the date ofthe filing, and the condemnor shall be entitled to possessionunder section 307 (relating to possession, right of entry andpayment of compensation).(b) Contents.--The declaration of taking shall be in writing

and executed by the condemnor and shall be captioned as aproceeding in rem and contain the following:

(1) The name and address of the condemnor.(2) A specific reference to the statute and section

under which the condemnation is authorized.(3) A specific reference to the action, whether by

ordinance, resolution or otherwise, by which the declarationof taking was authorized, including the date when the actionwas taken and the place where the record may be examined.

(4) A brief description of the purpose of thecondemnation.

(5) A description of the property condemned, sufficientfor identification, specifying the municipal corporation andthe county or counties where the property taken is located, areference to the place of recording in the office of therecorder of deeds of plans showing the property condemned ora statement that plans showing the property condemned are onthe same day being lodged for record or filed in the officeof the recorder of deeds in the county in accordance withsection 304 (relating to recording notice of condemnation).

(6) A statement of the nature of the title acquired, ifany.

(7) A statement specifying where a plan showing thecondemned property may be inspected in the county in which

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the property taken is located.(8) A statement of how just compensation has been made

or secured.(c) More than one property included in declaration.--The

condemnor may include in one declaration of taking any or all ofthe properties specified in the action by which the declarationof taking was authorized.

(d) Fee.--The prothonotary shall charge one fee for filingeach declaration of taking, which shall be the same regardlessof the number of properties or condemnees included.

(e) Filing.--The condemnor shall file within one year of theaction authorizing the declaration of taking a declaration oftaking covering all properties included in the authorization nototherwise acquired by the condemnor within this time.� 303. Security required.

(a) Bond.--Except as provided in subsection (b), everycondemnor shall give security to effect the condemnation byfiling with the declaration of taking its bond, without surety,to the Commonwealth for the use of the owner of the propertyinterests condemned, the condition of which shall be that thecondemnor shall pay the damages determined by law.

(b) Pledge of tax revenues.--(1) Where a condemnor has the power of taxation, it

shall not be required to file a bond with the declaration oftaking.

(2) The funds raised or authorized by law to be raisedby the power of taxation of the condemnor shall be deemedpledged and are made security for the payment of the damagesdetermined by law.(c) Insufficient security.--The court, upon preliminary

objections of the condemnee under and within the time set forthin section 306(a) (relating to preliminary objections), mayrequire the condemnor to give bond and security as the courtdeems proper if it appears to the court that the bond or powerof taxation of the condemnor is insufficient security.

_________________Cross References. Section 303 is referred to in section 302of this title.� 304. Recording notice of condemnation.

(a) County of recording.--(1) The condemnor, upon filing its declaration of

taking, shall on the same day lodge for record a notice ofthe declaration in the office of the recorder of deeds of thecounty in which the property is located.

(2) If the property is located in two or more counties,the notice shall be recorded in each county.(b) Notice and recording requirements.--

(1) The notice shall specify:(i) The court term and number of the declaration of

taking.(ii) The date it was filed.(iii) A description or plan of the property

condemned sufficient for identification.(iv) The names of the owners of the property

interests condemned, as reasonably known to thecondemnor.(2) The notices shall be indexed in the deed indices

showing the condemnee set forth in the notice as grantor andthe condemnor as grantee.

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(3) If plans are to be recorded as part of the notice,they shall be submitted on standard legal size paper. Ifplans are to be filed as part of the notice, they shall be inlegible scale and filed in a condemnation book or file ormicrofilmed, with a notation as to the condemnation book andpage number, file number or microfilm number to be made bythe recorder on the margin of the notice.

(4) Upon the notice being assigned a book and pagenumber by the recorder of deeds, the condemnor shall filewith the prothonotary under the caption of the declaration oftaking a memorandum of the book and page number in which thenotice is recorded.(c) Fees.--The recorder shall receive as a fee for recording

each notice the sums as provided by the act of June 12, 1919(P.L.476, No.240), referred to as the Second Class CountyRecorder of Deeds Fee Law, and the act of April 8, 1982(P.L.310, No.87), referred to as the Recorder of Deeds Fee Law.

_________________Cross References. Section 304 is referred to in sections302, 308 of this title.� 305. Notice to condemnee.

(a) Written notice.--Within 30 days after the filing of thedeclaration of taking, the condemnor shall give written noticeof the filing to the condemnee, to any mortgagee of record andto any lienholder of record.

(b) Service.--(1) The notice shall be served, within or without this

Commonwealth, by any competent adult in the same manner as ina civil action or by registered mail to the last knownaddress of the person being served.

(2) If service cannot be made in the manner set forthunder paragraph (1), then service shall be made by posting acopy of the notice upon the most public part of the propertyand by publication of a copy of the notice, omitting the plotplan required by subsection (c)(9), one time each in onenewspaper of general circulation and the legal journal, ifany, published in the county.(c) Contents.--The notice to be given the condemnee shall

state:(1) The caption of the case.(2) The date of filing of the declaration of taking and

the court term and number.(3) The name of the condemnee to whom it is directed.(4) The name and address of the condemnor.(5) A specific reference to the statute and section

under which the condemnation action is authorized.(6) A specific reference to the action, whether by

ordinance, resolution or otherwise, by which the declarationof taking was authorized, including the date when the actionwas taken and the place where the record may be examined.

(7) A brief description of the purpose of thecondemnation.

(8) A statement that the condemnee's property has beencondemned and a reasonable identification of the property.

(9) In the case of a partial taking, a plot plan showingthe condemnee's entire property and the area taken.

(10) A statement of the nature of the title acquired.(11) A statement specifying where a plan showing the

condemned property may be inspected in the county in which

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the property taken is located.(12) A statement of how just compensation has been made

or secured.(13) A statement that, if the condemnee wishes to

challenge the power or the right of the condemnor toappropriate the condemned property, the sufficiency of thesecurity, the procedure followed by the condemnor or thedeclaration of taking, the condemnee must file preliminaryobjections within 30 days after being served with notice ofcondemnation.(d) Compliance.--Service of a copy of the declaration of

taking, together with the information and notice required bysubsection (c)(2), (8), (9) and (13), shall constitutecompliance with the notice requirements of this section.

(e) Proof of service.--The condemnor shall file proof ofservice of the notice.

_________________Cross References. Section 305 is referred to in section 310of this title.� 306. Preliminary objections.

(a) Filing and exclusive method of challenging certainmatters.--

(1) Within 30 days after being served with notice ofcondemnation, the condemnee may file preliminary objectionsto the declaration of taking.

(2) The court upon cause shown may extend the time forfiling preliminary objections.

(3) Preliminary objections shall be limited to and shallbe the exclusive method of challenging:

(i) The power or right of the condemnor toappropriate the condemned property unless it has beenpreviously adjudicated.

(ii) The sufficiency of the security.(iii) The declaration of taking.(iv) Any other procedure followed by the condemnor.

(b) Waiver.--Failure to raise by preliminary objections theissues listed in subsection (a) shall constitute a waiver.Issues of compensation may not be raised by preliminaryobjections.

(c) Grounds to be stated.--Preliminary objections shallstate specifically the grounds relied on.

(d) When raised.--All preliminary objections shall be raisedat one time and in one pleading. They may be inconsistent.

(e) Service.--The condemnee shall serve a copy of thepreliminary objections on the condemnor within 72 hours afterfiling them.

(f) Disposition.--(1) The court shall determine promptly all preliminary

objections and make preliminary and final orders and decreesas justice shall require, including the revesting of title.

(2) If an issue of fact is raised, the court shall takeevidence by depositions or otherwise.

(3) The court may allow amendment or direct the filingof a more specific declaration of taking.(g) Costs and expenses.--

(1) If preliminary objections which have the effect ofterminating the condemnation are sustained, the condemnorshall reimburse the condemnee for reasonable appraisal,attorney and engineering fees and other costs and expenses

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actually incurred because of the condemnation proceedings.(2) The court shall assess costs and expenses under this

subsection.

_________________Cross References. Section 306 is referred to in sections303, 307, 308, 519, 710 of this title.� 307. Possession, right of entry and payment of compensation.

(a) Possession or right of entry of condemnor.--(1) (i) The condemnor, after the expiration of the timefor filing preliminary objections by the condemnee to thedeclaration of taking, shall be entitled to possession orright of entry upon payment of or a written offer to payto the condemnee the amount of just compensation asestimated by the condemnor.

(ii) The condemnor shall be entitled to possessionor right of entry upon an easement without the payment ofor offer to pay the estimated just compensation if thecondemnor has the right to assess the property forbenefits.

(iii) If a condemnee or any other person thenrefuses to deliver possession or permit right of entry,the prothonotary upon praecipe of the condemnor shallissue a rule, returnable in five days after service uponthe condemnee or the other person, to show cause why awrit of possession should not issue.

(iv) The court, unless preliminary objectionswarranting delay are pending, may issue a writ ofpossession conditioned except as provided in thissubsection upon payment to the condemnee or into court ofthe estimated just compensation and on any other terms asthe court may direct.(2) A court may issue a writ of possession to a

condemnor prior to the disposition of preliminary objections.(i) If it is finally determined that a condemnation

is invalid in a case in which preliminary objectionschallenge the validity of a right-of-way or easement foroccupation by a utility, the affected owners may recoverdamages for injuries sustained by taking possession underthis paragraph and are entitled to appropriate equitablerelief.

(ii) If it is finally determined that any othercondemnation is invalid after the granting of possessionunder this paragraph, the affected owners may recovercosts and expenses under section 306(g) (relating topreliminary objections) and are entitled to dispositionunder section 306(f).

(b) Tender of possession or right of entry by condemnee.--(1) If within 60 days from the filing of the declaration

of taking the condemnor has not paid just compensation asprovided in subsection (a), the condemnee may tenderpossession or right of entry in writing, and the condemnorshall then make payment of the just compensation due thecondemnee as estimated by the condemnor.

(2) If the condemnor fails to make the payment, thecourt, upon petition of the condemnee, may compel thecondemnor to file a declaration of estimated justcompensation or, if the condemnor fails or refuses to filethe declaration, may at the cost of the condemnor appoint animpartial expert appraiser to estimate just compensation.

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(3) The court may, after hearing, enter judgment for theamount of the estimated just compensation.(c) Compensation without prejudice.--

(1) The compensation paid under subsections (a) and (b)shall be without prejudice to the rights of either thecondemnor or the condemnee to proceed to a finaldetermination of the just compensation, and any payments madeshall be considered only as payments pro tanto of the justcompensation as finally determined.

(2) Following the rendition of the verdict, the courtshall mold the verdict to deduct the estimated justcompensation previously paid by the condemnor.

(3) In no event shall the condemnee be compelled to payback to the condemnor the compensation paid under subsection(a) or (b), even if the amount of just compensation asfinally determined is less than the compensation paid.

_________________Cross References. Section 307 is referred to in sections302, 308, 522 of this title; section 5527 of Title 42 (Judiciaryand Judicial Procedure).� 308. Revocation of condemnation proceedings.

(a) Declaration of relinquishment.--(1) The condemnor, by filing a declaration of

relinquishment in court within two years from the filing ofthe declaration of taking and before having made the paymentprovided in section 307(a) or (b) (relating to possession,right of entry and payment of compensation) or as to whichthe condemnee has not tendered possession of the condemnedproperty as provided in section 307, may relinquish all orany part of the property condemned that it has not takenactual possession of for use in the improvement.

(2) The title shall then revest in the condemnee as ofthe date of the filing of the declaration of taking, and allmortgages and other liens existing as of that date and notthereafter discharged shall be reinstated.(b) Notice.--Notice of the relinquishment shall be:

(1) Recorded in the office of the recorder of deeds ofthe county in which the property taken is located, with thecondemnor as the grantor and the condemnee as the grantee.

(2) Served on the condemnee, any mortgagee of record andany lienholder of record in the same manner as provided forservice of the declaration of taking.(c) Fees.--The fees payable to the recorder for recording

the notice of relinquishment shall be in the same amounts asprovided in section 304(c) (relating to recording notice ofcondemnation).

(d) Costs and expenses.--Where condemned property isrelinquished, the condemnee shall be reimbursed by the condemnorfor reasonable costs and expenses as provided in section 306(g)(relating to preliminary objections).

(e) Agreement.--The condemnor and the condemnee, without thefiling of a declaration of relinquishment, may by agreementeffect a revesting of title in the condemnee which agreementshall be properly recorded.

_________________Cross References. Section 308 is referred to in sections519, 710 of this title.� 309. Right to enter property prior to condemnation.

(a) General rule.--Prior to the filing of the declaration of

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taking, the condemnor or its employees or agents shall have theright to enter upon any land or improvement in order to makestudies, surveys, tests, soundings and appraisals.

(b) Notice to owner required.--The owner of the land or theparty in whose name the property is assessed shall be notifiedten days prior to entry on the property.

(c) Damages.--(1) Any actual damages sustained by the owner of a

property interest in the property entered upon by thecondemnor shall be paid by the condemnor.

(2) Damages shall be assessed by the court, or the courtmay refer the matter to viewers to ascertain and assess thedamages sustained by the condemnee.(d) Construction.--The exercise of this right of entry by

the condemnor shall neither constitute a condemnation nor beinterpreted as a notice of an intent to acquire the realproperty.� 310. Abandonment of project.

(a) Disposition of property.--If a condemnor has condemned afee and then abandons the purpose for which the property hasbeen condemned, the condemnor may dispose of it by sale, lease,gift, devise or other transfer with the following restrictions:

(1) If the property is undeveloped or has not beensubstantially improved, it may not be disposed of within tenyears after condemnation without first being offered to thecondemnee at the same price paid to the condemnee by thecondemnor.

(2) If the property is located outside the corporateboundaries of a county of the first or second class and isundeveloped or has not been substantially improved and wasdevoted to agricultural use at the time of the condemnation,it may not be disposed of within 21 years after condemnationwithout first being offered to the condemnee at the sameprice paid to the condemnee by the condemnor.

(3) If the property is undeveloped or has not beensubstantially improved and the offers required to be madeunder paragraphs (1) and (2) have not been accepted, theproperty shall not be disposed of by any condemnor, acquiringagency or subsequent purchaser for a nonpublic use or purposewithin 21 years after condemnation. Upon petition by thecondemnor, the court may permit disposal of the property inless than 21 years upon proof by a preponderance of theevidence that a change in circumstances has abrogated theoriginal public purpose for which the property was taken.(b) Notice.--The condemnee shall be served with notice of

the offer in the same manner as prescribed for the service ofnotices in section 305(b) (relating to notice to condemnee) andshall have 90 days after receipt of notice to make writtenacceptance.

(c) Certain conditional offers prohibited.--The condemnormay not condition any offer required to be made to a condemneeunder subsection (a) on the payment by the condemnee ofadditional fees, real estate taxes or payments in lieu of taxesor other costs.

(d) Definitions.--As used in this section, the followingwords and phrases shall have the meanings given to them in thissubsection:

"Agricultural commodity." As defined in section 2 of the actof June 10, 1982 (P.L.454, No.133), referred to as the Right-to-

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Farm Law."Agricultural use." Land which is used for the purpose of

producing an agricultural commodity or is devoted to and meetsthe requirements and qualifications for payments or othercompensation pursuant to a soil conservation program under anagreement with an agency of the Federal Government. Landcontaining a farmhouse or other buildings related to farmingshall be deemed to be in agricultural use. The term includes awoodlot and land which is rented to another person and used forthe purpose of producing an agricultural commodity.

CHAPTER 5PROCEDURE FOR DETERMINING DAMAGES

Sec.501. Agreement as to damages.502. Petition for appointment of viewers.503. View.504. Appointment of viewers.505. Service of notice of view and hearing.506. Additional condemnees, mortgagees and intervention.507. Joint claims.508. Appointment of trustee or guardian ad litem.509. Furnishing of plans to viewers.510. Powers of viewers.511. Administrative matters for viewers' hearings.512. Report of viewers.513. Disagreement.514. Filing of report of viewers.515. Reports.516. Right of appeal.517. Appeals.518. Disposition of appeal.519. Allocation of damages.520. Waiver of viewers' proceedings and termination by

stipulation.521. Liens and distribution of damages.522. Payment into court and distribution.

__________Enactment. Chapter 5 was added May 4, 2006, P.L.112, No.34,effective in 120 days.� 501. Agreement as to damages.

At any stage of the proceedings, the condemnor and thecondemnee may agree upon all or any part or item of the damagesand proceed to have those parts or items not agreed uponassessed as provided in this chapter. The condemnor may makepayment of any part or item agreed upon.� 502. Petition for appointment of viewers.

(a) Contents of petition.--A condemnor, condemnee ordisplaced person may file a petition requesting the appointmentof viewers, setting forth:

(1) A caption designating the condemnee or displacedperson as the plaintiff and the condemnor as the defendant.

(2) The date of the filing of the declaration of takingand whether any preliminary objections have been filed andremain undisposed of.

(3) In the case of a petition of a condemnee ordisplaced person, the name of the condemnor.

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(4) The names and addresses of all condemnees, displacedpersons and mortgagees known to the petitioner to have aninterest in the property acquired and the nature of theirinterest.

(5) A brief description of the property acquired.(6) A request for the appointment of viewers to

ascertain just compensation.(b) Property included in condemnor's petition.--The

condemnor may include in its petition any or all of the propertyincluded in the declaration of taking.

(c) Condemnation where no declaration of taking has beenfiled.--

(1) An owner of a property interest who asserts that theowner's property interest has been condemned without thefiling of a declaration of taking may file a petition for theappointment of viewers substantially in the form provided forin subsection (a) setting forth the factual basis of thepetition.

(2) The court shall determine whether a condemnation hasoccurred, and, if the court determines that a condemnationhas occurred, the court shall determine the condemnation dateand the extent and nature of any property interest condemned.

(3) The court shall enter an order specifying anyproperty interest which has been condemned and the date ofthe condemnation.

(4) A copy of the order and any modification shall befiled by the condemnor in the office of the recorder of deedsof the county in which the property is located and shall beindexed in the deed indices showing the condemnee as grantorand the condemnor as grantee.(d) Separate proceedings.--The court, in furtherance of

convenience or to avoid prejudice, may, on its own motion or onmotion of any party, order separate viewers' proceedings ortrial when more than one property has been included in thepetition.

_________________Cross References. Section 502 is referred to in sections504, 709 of this title.� 503. View.

In every proceeding:(1) At least one of the viewers appointed shall be an

attorney at law who shall be chairman of the board and whoshall attend the view.

(2) At least two of the three viewers appointed shallview the property in question.

� 504. Appointment of viewers.(a) Court to appoint.--

(1) Upon the filing of a petition for the appointment ofviewers, the court, unless preliminary objections to thevalidity of the condemnation or jurisdiction warranting delayare pending, shall promptly appoint three viewers who shallview the premises, hold hearings and file a report.

(2) In counties of the first class, the court mayappoint an alternate viewer in addition to the three viewersspecifically appointed.

(3) The prothonotary shall promptly notify the viewersof their appointment unless a local rule provides anothermethod of notification.

(4) No viewer shall represent a client or testify as an

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expert witness before the board.(b) Service of petition for the appointment of viewers and

order appointing viewers.--The petitioners shall promptly sendto all other parties by registered mail, return receiptrequested, a certified true copy of the petition for theappointment of viewers and a copy of the court order appointingthe viewers if an order has been entered. A copy of the petitionand order, if entered, shall also be mailed to all mortgageesand other lienholders of record.

(c) Notice of views and hearings.--The viewers shall givenotice of the time and place of all views and hearings. Thenotice shall be given to all parties by not less than 30 dayswritten notice by registered mail, return receipt requested.

(d) Preliminary objections.--(1) Any objection to the appointment of viewers may be

raised by preliminary objections filed within 30 days afterreceipt of notice of the appointment of viewers.

(2) Objections to the form of the petition or theappointment or the qualifications of the viewers in anyproceeding or to the legal sufficiency or factual basis of apetition filed under section 502(c) (relating to petition forappointment of viewers) are waived unless included inpreliminary objections.

(3) An answer with or without new matter may be filedwithin 20 days of service of preliminary objections, and areply to new matter may be filed within 20 days of service ofthe answer.

(4) The court shall determine promptly all preliminaryobjections and make any orders and decrees as justicerequires.

(5) If an issue of fact is raised, the court shallconduct an evidentiary hearing or order that evidence betaken by deposition or otherwise, but in no event shallevidence be taken by the viewers on this issue.

_________________Cross References. Section 504 is referred to in section 510of this title.� 505. Service of notice of view and hearing.

(a) General rule.--Notice of the view and hearing shall beserved, within or without this Commonwealth, by any competentadult in the same manner as a civil action or by registeredmail, return receipt requested, to the last known address of thecondemnee and condemnor.

(b) Public posting.--If service cannot be made in the mannerset forth in subsection (a), then service shall be made byposting a copy of the notice upon a public part of the propertyand by publication, at the cost of the condemnor, once in anewspaper of general circulation and once in the legalpublication, if any, designated by rule or order of court forpublication of legal notices, published in the county.

(c) Proof of service.--Proof of service and the manner ofservice shall be attached to the viewers' report.� 506. Additional condemnees, mortgagees and intervention.

(a) Identification.--The condemnee, at or before the hearingat which the claim is presented, shall furnish the viewers andthe condemnor with the names and addresses of all othercondemnees known to the condemnee to have an interest in hisproperty and the nature of their interests and the names andaddresses of all mortgagees and lienholders of record known to

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the condemnee.(b) Notice.--

(1) The viewers shall notify by written notice allpersons whose names are furnished under subsection (a) of thependency of the proceedings and of subsequent hearings.

(2) If these persons have not received 20 days' noticeof the hearing, the viewers shall, upon request, adjourn thehearing to allow notice.(c) Intervention.--The court may permit a mortgagee,

judgment creditor or other lienholder to intervene in theproceedings where the person's interest is not adequatelyprotected, but a person shall not be a party to the proceedingsunless the person has intervened.� 507. Joint claims.

(a) Required.--The claims of all the owners of the condemnedproperty, including joint tenants, tenants in common, lifetenants, remaindermen, owners of easements or ground rents andall others having an interest in the property and the claims ofall tenants, if any, of the property, shall be heard or triedtogether.

(b) Apportionment of damages.--The award of the viewers orthe verdict on appeal from the viewers shall, first, fix thetotal amount of damages for the property and, second, apportionthe total amount of damages between or among the severalclaimants entitled to damages.

(c) Separate hearings.--Claims for special damages undersection 902 (relating to moving and related expenses ofdisplaced persons) may be heard or tried separately.� 508. Appointment of trustee or guardian ad litem.

The court on its own motion may, or on petition of any partyin interest shall, appoint a trustee ad litem or guardian adlitem, as may be appropriate, in accordance with general rules.� 509. Furnishing of plans to viewers.

(a) Duty of condemnor.--The condemnor shall provide theviewers at or before the view with a plan showing the entireproperty involved, the improvements, the extent and nature ofthe condemnation and any other physical data, including grades,as may be necessary for the proper determination of justcompensation.

(b) Supplemental plans.--If, in the opinion of the viewers,the plans are insufficient, the viewers may require thesubmission of supplemental plans.

(c) Copies to condemnee.--Copies of the plans shall befurnished at the same time, without cost, to the condemnee uponwritten request.

(d) Condemnor to pay for condemnee cost.--If the condemnordoes not furnish a plan or the condemnor's plans areinsufficient, the court, on application of the condemnee, maycharge to the condemnor, as costs, reasonable expenses for plansfurnished by the condemnee.� 510. Powers of viewers.

(a) Proceedings.--(1) The viewers may adjourn the proceedings from time to

time. Upon request of the viewers or a party, the court whichappointed the viewers shall issue a subpoena to testify or toproduce books and documents.

(2) All the viewers shall act unless prevented bysickness or other unavoidable cause, but a majority of theviewers may hear, determine, act upon and report all matters

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relating to the view for which they were appointed.(b) Construction.--The provisions of this section shall not

be affected by the appointment of an alternate viewer asprovided for in section 504 (relating to appointment ofviewers).� 511. Administrative matters for viewers' hearings.

(a) Facilities.--All viewers' hearings shall be heldpublicly in a suitable place within the county designated by thecourt.

(b) Stenographic notes.--Whenever in the opinion of theviewers it is desirable, accurate stenographic notes of hearingsshall be taken, and copies of the notes shall be furnished tothe parties interested when desired upon payment of a sum fixedby the rules and regulations of the respective court.� 512. Report of viewers.

The viewers shall file a report which shall include in briefand concise paragraph form:

(1) The date of their appointment as viewers.(2) A reference to the notices of the time and place of

view and hearing with proof of service of notices, whichshall be attached to the report.

(3) A copy of the plan showing the extent of the takingor injury upon which the viewers' award is predicated and astatement of the nature of the interest condemned.

(4) The date of the filing of the declaration of taking.(5) A schedule of damages awarded and benefits assessed,

to and by whom payable, and for which property, separatelystated as follows: general damages, moving and removalexpenses, business dislocation damages and other items ofspecial damages authorized by this title and the date fromwhich damages for delay shall be calculated.

(6) In the case of a partial taking, a statement as tothe amount of the general damages attributable as severancedamages to the part of the property not taken if theapportionment has been requested in writing by the condemnee.

(7) Where there are several interests in the condemnedproperty, a statement of the total amount of damages and thedistribution between or among the several claimants.

(8) Whether there are other claimants to any interest orestate in the property condemned and the viewers'determination of the extent, if any, of each interest in theproperty and in the award.

(9) Their rulings on any written requests for findingsof fact and conclusions of law submitted to them.

(10) Other matters they deem relevant.� 513. Disagreement.

If a majority of the viewers do not agree on a decision,three new viewers shall be appointed by the court uponapplication of any interested party.� 514. Filing of report of viewers.

(a) Time period for filing.--The viewers shall file theirreport within 30 days of their final hearing or within 30 daysfrom the filing of the transcription of the stenographic notesof testimony. The transcription shall be filed within 30 days ofthe final hearing.

(b) Copy of report and notice to parties.--Ten days beforethe filing of their report, the viewers shall mail a copy of thereport to all parties or their attorneys of record, with noticeof the date of the intended filing and that the report shall

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become final unless an appeal is filed within 30 days from thedate the report is filed.

(c) Correction of errors.--Prior to the filing of theirreport, the viewers may correct any errors in the report andgive notice to the persons affected.

(d) Other entities to receive report.--A copy of the report,when filed, shall also be mailed to all mortgagees of record andother lienholders of record.� 515. Reports.

(a) Multiple properties or claims.--The viewers may includein one report one or more properties or claims under section 902(relating to moving and related expenses of displaced persons)referred to them under the same or separate petitions if theproperties are included in the same declaration of taking.

(b) Expenses and damages.--The viewers may file a separatereport for expenses and damages under section 902.

(c) Finality.--Each report shall be final as to the propertyor properties included and subject to separate appeal.� 516. Right of appeal.

(a) Extent of right.--(1) Any party aggrieved by the decision of the viewers

may appeal to the court. The appeal shall raise allobjections of law or fact to the viewers' report.

(2) The appeal shall be signed by the appellant or anattorney or agent, and no verification shall be required.

(3) Any award of damages or assessment of benefits, asthe case may be, as to which no appeal is taken shall becomefinal as of course and shall constitute a final judgment.(b) Consolidation.--The court, on its own motion or on

application of any party in interest, may consolidate separateappeals involving only common questions of law as oneproceeding.

(c) Cross appeals.--If a timely appeal is filed by a party,any other party may file an appeal within 15 days of the date onwhich the first appeal was filed. An appeal may be taken fromless than all of an award.

(d) Withdrawal.--Prior to the beginning of testimony, anyparty may withdraw its appeal without the consent of the otherparties.� 517. Appeals.

(a) Contents.--The appeal shall set forth:(1) The name of appellant and appellee.(2) A brief description or identification of the

property involved and the condemnee's interest.(3) A reference to the proceedings appealed from and the

date of the filing of the viewers' report.(4) Objections, if any, to the viewers' report, other

than to the amount of the award.(5) A demand for jury trial, if desired. If the

appellant desires a jury trial, the appellant shall at thetime of filing the appeal endorse the appeal or fileseparately a written demand for jury trial, signed by theappellant or counsel.(b) Jury trial.--

(1) If no demand for jury trial is made by theappellant, any other party may file a written demand for jurytrial within 15 days after being served with a copy of theappeal.

(2) If no party makes a demand for a jury trial as

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provided in this section, the right to jury trial shall bedeemed to have been waived, and the court shall try the casewithout a jury.(c) Service.--The appellant shall serve a copy of the appeal

on all other parties within five days after filing the appeal.Proof of service of a copy of the appeal shall be filed by theappellant.

(d) Other pleadings not required.--No other pleadings shallbe required and the cause shall be deemed at issue.� 518. Disposition of appeal.

An appeal shall be disposed as follows:(1) All objections, other than to the amount of the

award, raised by the appeal shall be determined by the courtpreliminarily.

(2) The court may confirm, modify or change the reportor refer it back to the same or other viewers. A decreeconfirming, modifying or changing the report constitutes afinal order.

(3) The amount of damages shall be determined by thecourt unless a jury trial has been demanded.

(4) At the trial of the case, the condemnee shall be theplaintiff and the condemnor shall be the defendant.

� 519. Allocation of damages.(a) Severance damages.--Upon appeal from an award of

viewers, the court upon the request of the plaintiff shall,after the jury or the court, if the trial is without jury, hasreturned its general verdict, make a specific finding andallocation of the amount of the general verdict attributable toseverance damages to the part of the property not taken.

(b) Other damages.--The jury or the court in a trial withouta jury shall make specific findings as to the portion of theverdict allocated to:

(1) general damages;(2) moving and removal expenses;(3) business dislocation damages; and(4) other items of special damages authorized by this

title;except reasonable appraisal, attorney and engineering feesrecoverable under sections 306 (relating to preliminaryobjections), 308 (relating to revocation of condemnationproceedings), 709 (relating to condemnee's costs where nodeclaration of taking filed) and 710 (relating to limitedreimbursement of appraisal, attorney and engineering fees),which shall be determined by the court in an appropriate case.� 520. Waiver of viewers' proceedings and termination by

stipulation.(a) Waiver of viewers' proceedings.--The condemnor and

condemnee may, by written agreement filed with and approved bythe court, waive proceedings before viewers and proceed directlyto the court on agreed issues of law or fact. The proceedingsshall then be the same as on appeal from a report of viewers.

(b) Termination by stipulation.--At any time after filing ofa petition for the appointment of viewers, the parties may, bystipulation filed with the prothonotary, terminate the viewers'proceedings as to all or part of the properties involved andstipulate that judgment may be entered for the amount of damagesagreed on for each property interest covered by the stipulation.A copy of the stipulation shall be filed with the viewers.� 521. Liens and distribution of damages.

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(a) Liens.--(1) Damages payable to a condemnee under sections 701

(relating to just compensation; other damages) through 707(relating to removal of machinery, equipment or fixtures),713 (relating to delay compensation), 714 (relating toconsequential damages), 715 (relating to damages for vacationof roads) and 902(b)(1) and (2) (relating to moving andrelated expenses of displaced persons) shall be subject to alien for all taxes and municipal claims assessed against theproperty and to all mortgages, judgments and other liens ofrecord against the property for which the particular damagesare payable, existing at the date of the filing of thedeclaration of taking.

(2) The liens shall be paid out of the damages in orderof priority before any payment to the condemnee, unlessreleased.

(3) In the case of a partial taking or of damages undersections 714 and 715, the lienholder shall be entitled onlyto an equitable pro rata share of the damages lienable underthis section.(b) Distribution of damages.--

(1) The condemnor shall distribute the damages properly.If the condemnor is unable to determine proper distributionof the damages, it may, without payment into court, petitionthe court to distribute the damages and shall furnish thecourt with a schedule of proposed distribution.

(2) Notice of the filing of the petition and schedule ofproposed distribution shall be given to all condemnees,mortgagees, judgment creditors and other lienholders, asshown in the proposed schedule, in any manner as the courtmay direct by general rule or special order.

(3) The court may hear the matter or may appoint amaster to hear and report or may order any issue tried by thecourt and jury as may appear proper under all thecircumstances.

(4) The court shall then enter an order of distributionof the fund.

_________________Cross References. Section 521 is referred to in section 522of this title.� 522. Payment into court and distribution.

(a) Payment into court.--(1) Upon refusal to accept payment of the damages or of

the estimated just compensation under section 307 (relatingto possession, right of entry and payment of compensation) orif the party entitled thereto cannot be found or if for anyother reason the amount cannot be paid to the party entitledthereto, the court upon petition of the condemnor, whichshall include a schedule of proposed distribution, may directpayment and costs into court or as the court may direct infull satisfaction.

(2) The condemnor shall give 20 days' notice of thepresentation of the petition, including a copy of theschedule of the proposed distribution, to all parties ininterest known to the condemnor in any manner as the courtmay direct by general rule or special order.

(3) If the court is satisfied in a particular case thatthe condemnor failed to use reasonable diligence in givingnotice, the court may, upon petition of any party in interest

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adversely affected by the failure to give notice, order thatcompensation for delay in payment be awarded to the party forthe period after deposit in court by the condemnor under thissection until the time the party in interest has received adistribution of funds under this section.(b) Distribution.--The court upon petition of any party in

interest shall distribute the funds paid under subsection (a) orany funds deposited in court under section 307 to the personsentitled thereto in accordance with the procedure in section 521(relating to liens and distribution of damages), but, if nopetition is presented within a period of five years of the dateof payment into court, the court shall order the fund or anybalance remaining to be paid to the Commonwealth withoutescheat. No fee shall be charged against these funds.

CHAPTER 7JUST COMPENSATION AND MEASURE OF DAMAGES

Sec.701. Just compensation; other damages.702. Measure of damages.703. Fair market value.704. Effect of imminence of condemnation.705. Contiguous tracts and unity of use.706. Effect of condemnation use on after value.707. Removal of machinery, equipment or fixtures.708. Expenses incidental to transfer of title.709. Condemnee's costs where no declaration of taking filed.710. Limited reimbursement of appraisal, attorney and

engineering fees.711. Payment on account of increased mortgage costs.712. Loss of rentals because of imminence of condemnation.713. Delay compensation.714. Consequential damages.715. Damages for vacation of roads.716. Attempted avoidance of monetary just compensation.

__________Enactment. Chapter 7 was added May 4, 2006, P.L.112, No.34,effective in 120 days.� 701. Just compensation; other damages.

A condemnee shall be entitled to just compensation for thetaking, injury or destruction of the condemnee's property,determined as set forth in this chapter. Other damages shallalso be paid or awarded as provided in this title.

_________________Cross References. Section 701 is referred to in section 521of this title.� 702. Measure of damages.

(a) Just compensation.--Just compensation shall consist ofthe difference between the fair market value of the condemnee'sentire property interest immediately before the condemnation andas unaffected by the condemnation and the fair market value ofthe property interest remaining immediately after thecondemnation and as affected by the condemnation.

(b) Urban development or redevelopment condemnation.--In thecase of the condemnation of property in connection with anyurban development or redevelopment project, which property isdamaged by subsidence due to failure of surface support

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resulting from the existence of mine tunnels or passagewaysunder the property or by reason of fires occurring in minetunnels or passageways or of burning coal refuse banks, thedamage resulting from the subsidence or underground fires orburning coal refuse banks shall be excluded in determining thefair market value of the condemnee's entire property interestimmediately before the condemnation.

(c) Value of property damaged by natural disaster.--(1) In the case of the condemnation of property in

connection with any program or project which property isdamaged by any natural disaster, the damage resulting fromthe natural disaster shall be excluded in determining fairmarket value of the condemnee's entire property interestimmediately before the condemnation.

(2) This subsection applies only where the damageresulting from the natural disaster has occurred within fiveyears prior to the initiation of negotiations for or noticeof intent to acquire or order to vacate the property andduring the ownership of the property by the condemnee. Thedamage to be excluded shall include only actual physicaldamage to the property for which the condemnee has notreceived any compensation or reimbursement.

_________________Cross References. Section 702 is referred to in section 521of this title.� 703. Fair market value.

Fair market value shall be the price which would be agreed toby a willing and informed seller and buyer, taking intoconsideration but not limited to the following factors:

(1) The present use of the property and its value forthat use.

(2) The highest and best reasonably available use of theproperty and its value for that use.

(3) The machinery, equipment and fixtures forming partof the real estate taken.

(4) Other factors as to which evidence may be offered asprovided by Chapter 11 (relating to evidence).

_________________Cross References. Section 703 is referred to in section 521of this title.� 704. Effect of imminence of condemnation.

Any change in the fair market value prior to the date ofcondemnation which the condemnor or condemnee establishes wassubstantially due to the general knowledge of the imminence ofcondemnation, other than that due to physical deterioration ofthe property within the reasonable control of the condemnee,shall be disregarded in determining fair market value.

_________________Cross References. Section 704 is referred to in section 521of this title.� 705. Contiguous tracts and unity of use.

Where all or a part of several contiguous tracts insubstantially identical ownership is condemned or a part ofseveral noncontiguous tracts in substantially identicalownership which are used together for a unified purpose iscondemned, damages shall be assessed as if the tracts were oneparcel.

_________________Cross References. Section 705 is referred to in section 521

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of this title.� 706. Effect of condemnation use on after value.

(a) General rule.--In determining the fair market value ofthe remaining property after a partial taking, considerationshall be given to the use to which the property condemned is tobe put and the damages or benefits specially affecting theremaining property due to its proximity to the improvement forwhich the property was taken.

(b) Future damages and general benefits.--Future damages andgeneral benefits which will affect the entire community beyondthe properties directly abutting the property taken shall not beconsidered in arriving at the after value.

(c) Special benefits.--Special benefits to the remainingproperty shall in no event exceed the total damages, except incases where the condemnor is authorized under existing law tomake special assessments for benefits.

(d) Partial taking.--A partial taking shall not extinguish anonconforming use unless all or a substantial portion of theimprovements on the property are within the area of the propertytaken.

_________________Cross References. Section 706 is referred to in section 521of this title.� 707. Removal of machinery, equipment or fixtures.

(a) Notice to condemnee.--In the event the condemnor doesnot require for its use machinery, equipment or fixtures formingpart of the real estate, it shall so notify the condemnee.

(b) Condemnee election.--(1) The condemnee may within 30 days of the notice elect

to remove the machinery, equipment or fixtures unless thetime is extended by the condemnor.

(2) If the condemnee so elects, the damages shall bereduced by the fair market value of the machinery, equipmentor fixtures severed from the real estate.

_________________Cross References. Section 707 is referred to in section 521of this title.� 708. Expenses incidental to transfer of title.

An acquiring agency shall, on the date of payment of thepurchase price of amicably acquired real property or of paymentor tender of estimated just compensation in a condemnationproceeding to acquire real property, whichever is earlier or assoon as is practicable, reimburse the owner for expensesnecessarily incurred for:

(1) Recording fees, transfer taxes and similar expensesincidental to conveying the real property to the acquiringagency.

(2) Penalty costs for prepayment for any preexistingrecorded mortgage entered into in good faith encumbering thereal property.

(3) The pro rata portion of real property taxes paidwhich are allocable to a period subsequent to the date ofvesting title in the acquiring agency or the effective dateof possession of the real property by the acquiring agency,whichever is earlier.

(4) The pro rata portion of water and sewer charges paidto a taxing entity or a local authority allocable to a periodsubsequent to the effective date of possession of the realproperty by the acquiring agency.

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� 709. Condemnee's costs where no declaration of taking filed.Where proceedings are instituted by a condemnee under section

502(c) (relating to petition for appointment of viewers), ajudgment awarding compensation to the condemnee for the takingof property shall include reimbursement of reasonable appraisal,attorney and engineering fees and other costs and expensesactually incurred.

_________________Cross References. Section 709 is referred to in sections519, 710 of this title.� 710. Limited reimbursement of appraisal, attorney and

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

in real property acquired or injured by an acquiring agency, whois not eligible for reimbursement of fees under section 306(g)(relating to preliminary objections), 308(d) (relating torevocation of condemnation proceedings) or 709 (relating tocondemnee's costs where no declaration of taking filed), shallbe reimbursed in an amount not to exceed $4,000 as a paymenttoward reasonable expenses actually incurred for appraisal,attorney and engineering fees.

(b) Attorney fees.--In determining reasonable attorney feesunder sections 306(g), 308(d), 709 and this section, the courtshall consider all of the circumstances of the case, including,but not limited to, time records if available.

_________________Cross References. Section 710 is referred to in section 519of this title.� 711. Payment on account of increased mortgage costs.

(a) Reimbursement of owner.--Whenever the acquisition ofproperty by an acquiring agency results in the termination of aninstallment purchase contract, mortgage or other evidence ofdebt on the acquired property, requiring the legal or equitableowner to enter into another installment purchase contract,mortgage or other evidence of debt on the property purchased forthe same use as the acquired property, a legal or equitableowner who does not qualify for a payment under section 903(a)(2)(relating to replacement housing for homeowners) shall becompensated for any increased interest and other debt servicecosts which the owner is required to pay for financing theacquisition of the replacement property.

(b) Determination of amount.--(1) Compensation for any increased interest and other

debt service costs shall be equal to the excess in theaggregate interest and other debt service costs of thatamount on the principal of the installment purchase contract,mortgage or other evidence of debt on the replacementproperty which is equal to the unpaid balance of theinstallment purchase contract, mortgage or other evidence ofdebt on the acquired property over the remaining term of theinstallment purchase contract, mortgage or other evidence ofdebt on the acquired property reduced to present worth.

(2) The discount rate to be used in reducing to presentworth shall be the prevailing interest rate paid on savingsdeposits by commercial banks in the general area in which thereplacement property is located.

(3) The amount shall be paid only if the acquiredproperty was subject to an installment purchase contract orencumbered by a bona fide mortgage or other evidence of debt

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secured by the property which was a valid lien on theproperty for not less than 180 days prior to the initiationof negotiations for the acquisition of the property.

� 712. Loss of rentals because of imminence of condemnation.(a) General rule.--A property owner shall be entitled to

receive as special damages compensation for any loss sufferedprior to the date of taking caused by a reduction of income fromrentals which the property owner establishes was substantiallydue to the general knowledge of the imminence of condemnation,other than that due to physical deterioration of the propertywithin the reasonable control of the property owner.

(b) Applicability.--This section applies only to losses ofrental income suffered following a 60-day period subsequent towritten notice from the property owner to the acquiring agencythat losses of rental income are being suffered. Claims forspecial damages under this section may be made by any propertyowner whose property is or was scheduled for condemnation,whether or not a condemnation subsequently occurs. Total damagesunder this section shall not exceed $30,000.

(c) Limited applicability.--Claims for special damagescompensation as described in subsection (a) may be made by anyproperty owner against any acquiring agency whether or not acondemnation subsequently occurs for any project related to aconvention center in a city of the first class.� 713. Delay compensation.

(a) General rule.--Compensation for delay in payment shallbe paid at an annual rate equal to the prime rate as listed inthe first edition of the Wall Street Journal published in theyear, plus 1%, not compounded, from:

(1) the date of relinquishment of possession of thecondemned property by the condemnee; or

(2) if possession is not required to effectuatecondemnation, the date of condemnation.(b) Exclusion.--

(1) No compensation for delay shall be payable withrespect to funds paid on account or by deposit in court afterthe date of the payment or deposit.

(2) During the period the condemnee remains inpossession after the condemnation:

(i) the condemnee shall not be entitled tocompensation for delay in payment; and

(ii) the condemnor shall not be entitled to rent orother charges for use and occupancy of the condemnedproperty by the condemnee.

(c) Award or judgment.--Compensation for delay shall not beincluded by the viewers or the court or jury on appeal as partof the award or verdict but shall, at the time of payment of theaward or judgment, be calculated under subsection (a) and addedto the award or judgment. There shall be no further oradditional payment of interest on the award or verdict.

______________Applicability. Section 6(2) of Act 34 of 2006 provided thatsubsec. (a) shall apply to all periods of time after theeffective date of section 6 with respect to condemnationseffected prior to the effective date of section 6.

_________________Cross References. Section 713 is referred to in section 521of this title.� 714. Consequential damages.

All condemnors, including the Commonwealth, shall be liable

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for damages to property abutting the area of an improvementresulting from change of grade of a road or highway, permanentinterference with access or injury to surface support, whetheror not any property is taken.

_________________Cross References. Section 714 is referred to in section 521of this title.� 715. Damages for vacation of roads.

Whenever a public road, street or highway is vacated, theaffected owners may recover damages for any injuries sustained,even though no land is actually taken.� 716. Attempted avoidance of monetary just compensation.

Where a condemnor attempts to avoid the payment of monetaryjust compensation to which the condemnee otherwise would beentitled by use of a substitute for monetary compensation andthe condemnee incurs expenses, including appraisal, attorney andengineering fees, in securing an adjudication that thesubstitute is not adequate, the condemnee shall be reimbursed bythe condemnor for all these expenses incurred.

_________________Cross References. Section 715 is referred to in section 521of this title.

CHAPTER 9SPECIAL DAMAGES FOR DISPLACEMENT

Sec.901. Definitions.902. Moving and related expenses of displaced persons.903. Replacement housing for homeowners.904. Replacement housing for tenants and others.905. Housing replacement authorization.906. Regulations.907. Payments not to be considered as income or resources.

__________Enactment. Chapter 9 was added May 4, 2006, P.L.112, No.34,effective in 120 days.� 901. Definitions.

The following words and phrases when used in this chaptershall have the meanings given to them in this section unless thecontext clearly indicates otherwise:

"Acquiring agency." The term includes an agency or personthat is carrying out a program or project to the extent that theagency or person causes a person to become a displaced person.

_________________Cross References. Section 901 is referred to in section 103of this title.� 902. Moving and related expenses of displaced persons.

(a) Reasonable expenses incurred.--(1) A displaced person shall be reimbursed for

reasonable expenses incurred in moving the displaced personand the person's family and for the removal, transportationand reinstallation of personal property.

(i) Receipts shall be prima facie evidence ofincurred reasonable moving expenses.

(ii) Any displaced person who is displaced from adwelling may elect to receive, in lieu of reimbursementof incurred moving expenses, a moving expense and

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dislocation allowance determined according to a scheduleestablished by the acquiring agency.(2) As used in this subsection, the following words and

phrases shall have the meanings given to them in thisparagraph:

"Displaced person." Includes a person who moves fromreal property or moves personal property:

(i) as a direct result of a written notice of intentto acquire or the acquisition of other real property, inwhole or in part, on which the person conducts a businessor farm operation for a program or project undertaken byan acquiring agency; or

(ii) as a direct result of rehabilitation,demolition or other displacing activity of other realproperty on which such person conducts a business or afarm operation under a program or project undertaken byan acquiring agency if the displacement is permanent.

(b) Damages for dislocation of business or farm operation.--A displaced person who is displaced from a place of business orfrom a farm operation shall be entitled, in addition to anypayment received under subsection (a), to damages fordislocation of business or farm operation as follows:

(1) Damages equal to the value in place of the personalproperty which:

(i) is not moved because of the discontinuance ofthe business or farm operation or the unavailability of acomparable site for relocation; or

(ii) cannot be moved without substantiallydestroying or diminishing its utility in the relocatedbusiness or farm operation.(2) (i) In lieu of the damages provided in paragraph(1), at the option of the displaced person, an amount notto exceed $12,000 to be determined by taking 50% of thedifference, if any, between the original cost of thepersonal property to the displaced person or thereplacement cost of equivalent property at the time ofsale, whichever is lower, and the net proceeds obtainedby the displaced person at a commercially reasonableprivate or public sale.

(ii) If this option is selected, the displacedperson shall give the acquiring agency not less than 60days' notice in writing of intention to seek damagesunder this option.

(iii) The displaced person shall not, directly orindirectly, purchase any of the personal property atprivate sale. Inventory shall be paid for under thisoption only if the business is not relocated.(3) Actual reasonable expenses in searching for a

replacement business or farm.(4) Actual reasonable expenses necessary to reestablish

a displaced farm, nonprofit organization or small business atits new site, but not to exceed $12,000. Sites occupiedsolely by outdoor advertising signs, displays or devices donot qualify for this benefit.

(5) (i) In addition to damages under subsection (a) andparagraphs (1), (2), (3) or (4), damages in an amountequal to the average annual net earnings but not morethan $60,000 nor less than $3,000.

(ii) Payment shall be made only if the business

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cannot be relocated without a substantial loss of profitsand if the business is not part of a commercialenterprise having more than three other entities whichare not being acquired by the acquiring agency and whichare under the same ownership and are engaged in the sameor similar business activities.

(iii) A person whose sole business at a dwellingfrom which the person is displaced is the rental of suchproperty to others shall not qualify for a payment underthis paragraph.

(iv) As used in this paragraph, the term "averageannual net earnings" means one-half of any net earningsof the business or farm operation before Federal, Stateand local income taxes during the two taxable yearsimmediately preceding the taxable year in which thebusiness or farm operation moves from the real propertyacquired for a project and includes any compensation paidby the business or farm operation to the owner, a spouseor dependents during this period. The regulationspromulgated under section 906 (relating to regulations)may designate another period determined to be moreequitable for establishing average annual net earnings aslong as the designated period does not produce a lesserpayment than would be produced by use of the last twotaxable years.

_________________Cross References. Section 902 is referred to in sections103, 507, 515, 521, 907 of this title.� 903. Replacement housing for homeowners.

(a) Additional payments to certain homeowners.--(1) In addition to payments otherwise authorized, the

acquiring agency shall make an additional payment not inexcess of $27,000 to any displaced person who is displacedfrom a dwelling actually owned and occupied by the displacedperson for not less than 180 days prior to the initiation ofnegotiations for the acquisition of the property or thereceipt of written notice from the acquiring agency of intentto acquire or order to vacate.

(2) The additional payment shall include the followingelements:

(i) The amount, if any, which when added to theacquisition cost of the acquired dwelling equals thereasonable cost of a comparable replacement dwellingwhich is available to the displaced person on the privatemarket.

(ii) The amount, if any, which will compensate thedisplaced person for any increased interest and otherdebt service costs which the person is required to payfor financing the acquisition of any comparablereplacement dwelling. The amount shall be paid only ifthe acquired dwelling was subject to an installmentpurchase contract or encumbered by a bona fideinstallment purchase contract, mortgage or other evidenceof debt secured by the dwelling which was a valid lien onsuch dwelling for not less than 180 days immediatelyprior to the initiation of negotiations for theacquisition of such dwelling.

(iii) Reasonable expenses incurred by the displacedperson for evidence of title, recording and attorney

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fees, real property transfer taxes and other closing andrelated costs incident to the purchase and financing ofthe replacement dwelling, but not including prepaidexpenses.

(b) One-year time period for purchase of replacementdwelling.--

(1) The additional payment authorized by this sectionshall be made only to a displaced person who purchases andoccupies a replacement dwelling, which is decent, safe,sanitary and adequate to accommodate the displaced person,not later than the end of the one-year period beginning onthe date on which the person receives final payment of fullacquisition cost for the acquired dwelling or on the date onwhich the person moves from the acquired dwelling, whicheveris later. Regulations issued under section 906 (relating toregulations) may prescribe situations when the one-yearperiod may be extended.

(2) If the period is extended, the payment under thissection shall be based on the costs of relocating the personto a comparable replacement dwelling within one year of thedate on which the person received final payment of fullacquisition costs for the acquired dwelling.(c) Right of election.--The person entitled under this

section shall have the right to elect the benefits availableunder section 904 (relating to replacement housing for tenantsand others) in lieu of those provided by this section.

_________________Cross References. Section 903 is referred to in sections711, 904 of this title.� 904. Replacement housing for tenants and others.

(a) Payment to certain displaced persons.--(1) In addition to amounts otherwise authorized, an

acquiring agency shall make a payment to or for any displacedperson displaced from a dwelling not eligible to receive apayment under section 903 (relating to replacement housingfor homeowners), which dwelling was actually and lawfullyoccupied by the displaced person for not less than 90 daysprior to the initiation of negotiations for acquisition ofthe dwelling or the receipt of written notice from theacquiring agency of intent to acquire or order to vacate. Thepayment shall be the amount determined to be necessary toenable the displaced person to lease a comparable replacementdwelling for a period not to exceed 42 months. The amountshall be the additional amount, if any, over the actualrental or fair rental value of the acquired dwelling, but notmore than $6,300.

(2) Any person eligible for a payment under paragraph(1) may elect to apply the payment to a down payment on, andother incidental expenses pursuant to, the purchase of adecent, safe and sanitary replacement dwelling.(b) Condition of payment.--The additional payment authorized

by this section shall be made only to a displaced person whooccupies a replacement dwelling which is decent, safe andsanitary.

_________________Cross References. Section 904 is referred to in section 903of this title.� 905. Housing replacement authorization.

(a) Short title of section.--This section shall be known and

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may be cited as the Housing Replacement Authorization Act.(b) Housing replacements by acquiring agency as last

resort.--(1) If comparable replacement sale or rental housing is

not available in the neighborhood or community in which aprogram or project is located and this housing cannototherwise be made available, the acquiring agency maypurchase, construct, reconstruct or otherwise providereplacement housing by use of funds authorized for theprogram or project. For this purpose, the acquiring agencymay exercise its power of eminent domain to acquire propertyin fee simple or any lesser estate as it deems advisable.

(2) Replacement housing provided under this section maybe sold, leased or otherwise disposed of by the acquiringagency, for or without consideration, to displaced persons orto nonprofit, limited dividend or cooperative organizationsor public bodies, on terms and conditions as the acquiringagency deems necessary and proper to effect the relocation ofpersons displaced by a program or project.

(3) The acquiring agency may contract with other publicagencies or any person for the financing, planning,acquisition, development, construction, management, sale,lease or other disposition of replacement housing providedunder this section.(c) Planning and other preliminary expenses for replacement

housing.--(1) A governmental acquiring agency may make loans and

grants to nonprofit, limited dividend or cooperativeorganizations or public bodies for necessary and reasonableexpenses, prior to construction, for planning and obtainingmortgage financing for the rehabilitation or construction ofhousing for these displaced persons.

(2) The loans and grants shall be made prior to theavailability of financing for items such as preliminarysurveys and analyses of market needs, preliminary siteengineering, preliminary architectural fees, legal, appraisaland organizational fees, site acquisition, application andmortgage commitment fees, construction loan fees anddiscounts and similar items.

(3) Loans to an organization established for profitshall bear interest at market rate determined by theacquiring agency. All other loans and grants shall be withoutinterest.

(4) The acquiring agency shall require repayment ofloans and grants made under this section, under any terms andconditions it requires, upon completion of the project orsooner. However, except in the case of a loan to anorganization established for profit, the acquiring agency maycancel any part or all of a loan and may cancel the repaymentprovisions of a grant if it determines that a permanent loanto finance the rehabilitation or the construction of thehousing cannot be obtained in an amount adequate forrepayment of the loan.(d) Availability of funds.--Funds, including motor license

funds and other special funds, appropriated or otherwiseavailable to any acquiring agency for a program or project,which results in the displacement of any person, shall beavailable also for obligations and expenditures to carry out theprovisions of this section.

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� 906. Regulations.The General Counsel may promulgate regulations necessary to

assure that:(1) The payments authorized by this chapter shall be

made in a manner which is fair and reasonable and as uniformas practicable.

(2) A displaced person who makes proper application fora payment authorized for that person by this chapter shall bepaid promptly after a move or, in hardship cases, be paid inadvance.

(3) Any person aggrieved by a determination as toeligibility for a payment authorized by this chapter or theamount of a payment may elect to have the applicationreviewed by the head of the acquiring agency.

(4) Each displaced person shall receive the maximumpayments authorized by this chapter.

(5) Each acquiring agency may obtain the maximum Federalreimbursement for relocation payment and assistance costsauthorized by any Federal law.

_________________Cross References. Section 906 is referred to in sections902, 903 of this title.� 907. Payments not to be considered as income or resources.

No payment received by a displaced person under this chaptershall be considered as income or resources for the purpose ofdetermining the eligibility or extent of eligibility of anyperson for assistance under any State law or for the purposes ofthe State or local personal income or wage tax laws, corporationtax laws or other tax laws. No payments under this chapterexcept those provided for in section 902(b) (relating to movingand related expenses of displaced persons) shall be subject toattachment or execution at law or in equity.

CHAPTER 11EVIDENCE

Sec.1101. Viewers' hearing.1102. Condemnor's evidence before viewers.1103. Trial in court on appeal.1104. Competency of condemnee as witness.1105. Evidence generally.1106. Use of condemned property.

__________Enactment. Chapter 11 was added May 4, 2006, P.L.112, No.34,effective in 120 days.

_________________Cross References. Chapter 11 is referred to in section 703of this title; section 6121 of Title 42 (Judiciary and JudicialProcedure).� 1101. Viewers' hearing.

The viewers may hear testimony, receive evidence and makeindependent investigation as they deem appropriate, withoutbeing bound by formal rules of evidence.� 1102. Condemnor's evidence before viewers.

The condemnor shall, at the hearing before the viewers,present expert testimony of the amount of damages suffered bythe condemnee.� 1103. Trial in court on appeal.

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At the trial in court on appeal:(1) Either party may, as a matter of right, have the

jury or the judge in a trial without a jury view the propertyinvolved, notwithstanding that structures have beendemolished or the site altered, and the view shall beevidentiary. If the trial is with a jury, the trial judgeshall accompany the jury on the view.

(2) If any valuation expert who has not previouslytestified before the viewers is to testify, the party callingthe expert must disclose the expert's name and serve astatement of the valuation of the property before and afterthe condemnation and the expert's opinion of the highest andbest use of the property before the condemnation and of anypart remaining after the condemnation on the opposing partyat least ten days before the commencement of the trial.

(3) The report of the viewers and the amount of theiraward shall not be admissible as evidence.

_________________Cross References. Section 1103 is referred to in section1104 of this title.� 1104. Competency of condemnee as witness.

The condemnee or an officer of a corporate condemnee, withoutfurther qualification, may testify as to just compensationwithout compliance with the provisions of section 1103(2)(relating to trial in court on appeal).� 1105. Evidence generally.

At the hearing before the viewers or at the trial in court onappeal:

(1) A qualified valuation expert may, on direct orcross-examination, state any or all facts and data which theexpert considered in arriving at an opinion, whether or notthe expert has personal knowledge of the facts and data, anda statement of the facts and data and the sources ofinformation shall be subject to impeachment and rebuttal.

(2) A qualified valuation expert may, on direct orcross-examination, testify in detail as to the valuation ofthe property on a comparable market value, reproduction costor capitalization basis, which testimony may include, butshall not be limited to, the following:

(i) The price and other terms of any sale orcontract to sell the condemned property or comparableproperty made within a reasonable time before or afterthe date of condemnation.

(ii) The rent reserved and other terms of any leaseof the condemned property or comparable property whichwas in effect within a reasonable time before or afterthe date of condemnation.

(iii) The capitalization of the net rental orreasonable net rental value of the condemned property,including reasonable net rental values customarilydetermined by a percentage or other measurable portion ofgross sales or gross income of a business which mayreasonably be conducted on the premises, as distinguishedfrom the capitalized value of the income or profitsattributable to any business conducted on the premises ofthe condemned property.

(iv) The value of the land together with the cost ofreplacing or reproducing the existing improvements lessdepreciation or obsolescence.

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(v) The cost of adjustments and alterations to anyremaining property made necessary or reasonably requiredby the condemnation.(3) Either party may show the difference between the

condition of the property and of the immediate neighborhoodat the time of condemnation and at the time of view, eitherby the viewers or jury.

(4) The assessed valuations of property condemned shallnot be admissible in evidence for any purpose.

(5) A qualified valuation expert may testify that theexpert has relied upon the written report of another expertas to the cost of adjustments and alterations to anyremaining property made necessary or reasonably required bythe condemnation, but only if a copy of the written reporthas been furnished to the opposing party ten days in advanceof the trial.

(6) If otherwise qualified, a valuation expert shall notbe disqualified by reason of not having made sales ofproperty or not having examined the condemned property priorto the condemnation if the expert can show he has acquiredknowledge of its condition at the time of the condemnation.

� 1106. Use of condemned property.In arriving at a valuation of the remaining part of the

property in a partial condemnation, an expert witness mayconsider and testify to the use to which the condemned propertyis intended to be put by the condemnor.

CHAPTER 56MUNICIPAL AUTHORITIES

Sec.5601. Short title of chapter.5602. Definitions.5603. Method of incorporation.5604. Municipalities withdrawing from and joining in joint

authorities.5605. Amendment of articles.5606. School district projects.5607. Purposes and powers.5608. Bonds.5609. Bondholders.5610. Governing body.5611. Investment of authority funds.5612. Money of authority.5613. Transfer of existing facilities to authority.5614. Competition in award of contracts.5615. Acquisition of lands, water and water rights.5616. Acquisition of capital stock.5617. Use of projects.5618. Pledge by Commonwealth.5619. Termination of authority.5620. Exemption from taxation and payments in lieu of taxes.5621. Constitutional construction.5622. Conveyance by authorities to municipalities or school

districts of established projects.5623. Revival of an expired authority.

__________Enactment. Chapter 56 was added June 19, 2001, P.L.287,

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No.22, effective immediately._______________________________Special Provisions in Appendix. See sections 2 and 4 of Act

22 of 2001 in the appendix to this title for special provisionsrelating to applicability to authorities incorporated underformer laws and continuation of Municipality Authorities Act of1945.

_________________Cross References. Chapter 56 is referred to in sections2102, 3402, 3902 of Title 12 (Commerce and Trade); section 206of Title 26 (Eminent Domain); section 1504 of Title 64 (PublicAuthorities and Quasi-Public Corporations).

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