26 Pa.C.S. Ch. 5

in effect

26 Pa.C.S. § 501 Agreement as to damages.

At any stage of the proceedings, the condemnor and the condemnee may agree upon all or any part or item of the damages and proceed to have those parts or items not agreed upon assessed as provided in this chapter. The condemnor may make payment of any part or item agreed upon.

26 Pa.C.S. § 502 Petition for appointment of viewers.

(a) Contents of petition.--A condemnor, condemnee or displaced person may file a petition requesting the appointment of viewers, setting forth: (1) A caption designating the condemnee or displaced person as the plaintiff and the condemnor as the defendant. (2) The date of the filing of the declaration of taking and whether any preliminary objections have been filed and remain undisposed of. (3) In the case of a petition of a condemnee or displaced person, the name of the condemnor. (4) The names and addresses of all condemnees, displaced persons and mortgagees known to the petitioner to have an interest in the property acquired and the nature of their interest. (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 property included in the declaration of taking. (c) Condemnation where no declaration of taking has been filed.-- (1) An owner of a property interest who asserts that the owner's property interest has been condemned without the filing of a declaration of taking may file a petition for the appointment of viewers substantially in the form provided for in subsection (a) setting forth the factual basis of the petition. (2) The court shall determine whether a condemnation has occurred, and, if the court determines that a condemnation has occurred, the court shall determine the condemnation date and the extent and nature of any property interest condemned. (3) The court shall enter an order specifying any property interest which has been condemned and the date of the condemnation. (4) A copy of the order and any modification shall be filed by the condemnor in the office of the recorder of deeds of the county in which the property is located and shall be indexed in the deed indices showing the condemnee as grantor and the condemnor as grantee. (d) Separate proceedings.--The court, in furtherance of convenience or to avoid prejudice, may, on its own motion or on motion of any party, order separate viewers' proceedings or trial when more than one property has been included in the petition. Cross References. Section 502 is referred to in sections 504, 709 of this title.

26 Pa.C.S. § 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 who shall attend the view. (2) At least two of the three viewers appointed shall view the property in question.

26 Pa.C.S. § 504 Appointment of viewers.

(a) Court to appoint.-- (1) Upon the filing of a petition for the appointment of viewers, the court, unless preliminary objections to the validity of the condemnation or jurisdiction warranting delay are pending, shall promptly appoint three viewers who shall view the premises, hold hearings and file a report. (2) In counties of the first class, the court may appoint an alternate viewer in addition to the three viewers specifically appointed. (3) The prothonotary shall promptly notify the viewers of their appointment unless a local rule provides another method of notification. (4) No viewer shall represent a client or testify as an expert witness before the board. (b) Service of petition for the appointment of viewers and order appointing viewers.--The petitioners shall promptly send to all other parties by registered mail, return receipt requested, a certified true copy of the petition for the appointment of viewers and a copy of the court order appointing the viewers if an order has been entered. A copy of the petition and order, if entered, shall also be mailed to all mortgagees and other lienholders of record. (c) Notice of views and hearings.--The viewers shall give notice of the time and place of all views and hearings. The notice shall be given to all parties by not less than 30 days written 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 after receipt of notice of the appointment of viewers. (2) Objections to the form of the petition or the appointment or the qualifications of the viewers in any proceeding or to the legal sufficiency or factual basis of a petition filed under section 502(c) (relating to petition for appointment of viewers) are waived unless included in preliminary objections. (3) An answer with or without new matter may be filed within 20 days of service of preliminary objections, and a reply to new matter may be filed within 20 days of service of the answer. (4) The court shall determine promptly all preliminary objections and make any orders and decrees as justice requires. (5) If an issue of fact is raised, the court shall conduct an evidentiary hearing or order that evidence be taken by deposition or otherwise, but in no event shall evidence be taken by the viewers on this issue. Cross References. Section 504 is referred to in section 510 of this title.

26 Pa.C.S. § 505 Service of notice of view and hearing.

(a) General rule.--Notice of the view and hearing shall be served, within or without this Commonwealth, by any competent adult in the same manner as a civil action or by registered mail, return receipt requested, to the last known address of the condemnee and condemnor. (b) Public posting.--If service cannot be made in the manner set forth in subsection (a), then service shall be made by posting a copy of the notice upon a public part of the property and by publication, at the cost of the condemnor, once in a newspaper of general circulation and once in the legal publication, if any, designated by rule or order of court for publication of legal notices, published in the county. (c) Proof of service.--Proof of service and the manner of service shall be attached to the viewers' report.

26 Pa.C.S. § 506 Additional condemnees, mortgagees and intervention.

(a) Identification.--The condemnee, at or before the hearing at which the claim is presented, shall furnish the viewers and the condemnor with the names and addresses of all other condemnees known to the condemnee to have an interest in his property and the nature of their interests and the names and addresses of all mortgagees and lienholders of record known to the condemnee. (b) Notice.-- (1) The viewers shall notify by written notice all persons whose names are furnished under subsection (a) of the pendency of the proceedings and of subsequent hearings. (2) If these persons have not received 20 days' notice of the hearing, the viewers shall, upon request, adjourn the hearing to allow notice. (c) Intervention.--The court may permit a mortgagee, judgment creditor or other lienholder to intervene in the proceedings where the person's interest is not adequately protected, but a person shall not be a party to the proceedings unless the person has intervened.

26 Pa.C.S. § 507 Joint claims.

(a) Required.--The claims of all the owners of the condemned property, including joint tenants, tenants in common, life tenants, remaindermen, owners of easements or ground rents and all others having an interest in the property and the claims of all tenants, if any, of the property, shall be heard or tried together. (b) Apportionment of damages.--The award of the viewers or the verdict on appeal from the viewers shall, first, fix the total amount of damages for the property and, second, apportion the total amount of damages between or among the several claimants entitled to damages. (c) Separate hearings.--Claims for special damages under section 902 (relating to moving and related expenses of displaced persons) may be heard or tried separately.

26 Pa.C.S. § 508 Appointment of trustee or guardian ad litem.

The court on its own motion may, or on petition of any party in interest shall, appoint a trustee ad litem or guardian ad litem, as may be appropriate, in accordance with general rules.

26 Pa.C.S. § 509 Furnishing of plans to viewers.

(a) Duty of condemnor.--The condemnor shall provide the viewers at or before the view with a plan showing the entire property involved, the improvements, the extent and nature of the condemnation and any other physical data, including grades, as may be necessary for the proper determination of just compensation. (b) Supplemental plans.--If, in the opinion of the viewers, the plans are insufficient, the viewers may require the submission of supplemental plans. (c) Copies to condemnee.--Copies of the plans shall be furnished at the same time, without cost, to the condemnee upon written request. (d) Condemnor to pay for condemnee cost.--If the condemnor does not furnish a plan or the condemnor's plans are insufficient, the court, on application of the condemnee, may charge to the condemnor, as costs, reasonable expenses for plans furnished by the condemnee.

26 Pa.C.S. § 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 which appointed the viewers shall issue a subpoena to testify or to produce books and documents. (2) All the viewers shall act unless prevented by sickness or other unavoidable cause, but a majority of the viewers may hear, determine, act upon and report all matters 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 as provided for in section 504 (relating to appointment of viewers).

26 Pa.C.S. § 511 Administrative matters for viewers' hearings.

(a) Facilities.--All viewers' hearings shall be held publicly in a suitable place within the county designated by the court. (b) Stenographic notes.--Whenever in the opinion of the viewers it is desirable, accurate stenographic notes of hearings shall be taken, and copies of the notes shall be furnished to the parties interested when desired upon payment of a sum fixed by the rules and regulations of the respective court.

26 Pa.C.S. § 512 Report of viewers.

The viewers shall file a report which shall include in brief and 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, which shall be attached to the report. (3) A copy of the plan showing the extent of the taking or injury upon which the viewers' award is predicated and a statement 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, separately stated as follows: general damages, moving and removal expenses, business dislocation damages and other items of special damages authorized by this title and the date from which damages for delay shall be calculated. (6) In the case of a partial taking, a statement as to the amount of the general damages attributable as severance damages to the part of the property not taken if the apportionment has been requested in writing by the condemnee. (7) Where there are several interests in the condemned property, a statement of the total amount of damages and the distribution between or among the several claimants. (8) Whether there are other claimants to any interest or estate in the property condemned and the viewers' determination of the extent, if any, of each interest in the property and in the award. (9) Their rulings on any written requests for findings of fact and conclusions of law submitted to them. (10) Other matters they deem relevant.

26 Pa.C.S. § 513 Disagreement.

If a majority of the viewers do not agree on a decision, three new viewers shall be appointed by the court upon application of any interested party.

26 Pa.C.S. § 514 Filing of report of viewers.

(a) Time period for filing.--The viewers shall file their report within 30 days of their final hearing or within 30 days from the filing of the transcription of the stenographic notes of testimony. The transcription shall be filed within 30 days of the final hearing. (b) Copy of report and notice to parties.--Ten days before the filing of their report, the viewers shall mail a copy of the report to all parties or their attorneys of record, with notice of the date of the intended filing and that the report shall become final unless an appeal is filed within 30 days from the date the report is filed. (c) Correction of errors.--Prior to the filing of their report, the viewers may correct any errors in the report and give 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 and other lienholders of record.

26 Pa.C.S. § 515 Reports.

(a) Multiple properties or claims.--The viewers may include in 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 the properties are included in the same declaration of taking. (b) Expenses and damages.--The viewers may file a separate report for expenses and damages under section 902. (c) Finality.--Each report shall be final as to the property or properties included and subject to separate appeal.

26 Pa.C.S. § 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 all objections of law or fact to the viewers' report. (2) The appeal shall be signed by the appellant or an attorney or agent, and no verification shall be required. (3) Any award of damages or assessment of benefits, as the case may be, as to which no appeal is taken shall become final 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 separate appeals involving only common questions of law as one proceeding. (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 on which the first appeal was filed. An appeal may be taken from less than all of an award. (d) Withdrawal.--Prior to the beginning of testimony, any party may withdraw its appeal without the consent of the other parties.

26 Pa.C.S. § 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 the time of filing the appeal endorse the appeal or file separately a written demand for jury trial, signed by the appellant or counsel. (b) Jury trial.-- (1) If no demand for jury trial is made by the appellant, any other party may file a written demand for jury trial within 15 days after being served with a copy of the appeal. (2) If no party makes a demand for a jury trial as provided in this section, the right to jury trial shall be deemed to have been waived, and the court shall try the case without 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 the appellant. (d) Other pleadings not required.--No other pleadings shall be required and the cause shall be deemed at issue.

26 Pa.C.S. § 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 court preliminarily. (2) The court may confirm, modify or change the report or refer it back to the same or other viewers. A decree confirming, modifying or changing the report constitutes a final order. (3) The amount of damages shall be determined by the court unless a jury trial has been demanded. (4) At the trial of the case, the condemnee shall be the plaintiff and the condemnor shall be the defendant.

26 Pa.C.S. § 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, has returned its general verdict, make a specific finding and allocation of the amount of the general verdict attributable to severance damages to the part of the property not taken. (b) Other damages.--The jury or the court in a trial without a jury shall make specific findings as to the portion of the verdict 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 fees recoverable under sections 306 (relating to preliminary objections), 308 (relating to revocation of condemnation proceedings), 709 (relating to condemnee's costs where no declaration of taking filed) and 710 (relating to limited reimbursement of appraisal, attorney and engineering fees), which shall be determined by the court in an appropriate case.

26 Pa.C.S. § 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 by the court, waive proceedings before viewers and proceed directly to the court on agreed issues of law or fact. The proceedings shall then be the same as on appeal from a report of viewers. (b) Termination by stipulation.--At any time after filing of a petition for the appointment of viewers, the parties may, by stipulation filed with the prothonotary, terminate the viewers' proceedings as to all or part of the properties involved and stipulate that judgment may be entered for the amount of damages agreed on for each property interest covered by the stipulation. A copy of the stipulation shall be filed with the viewers.

26 Pa.C.S. § 521 Liens and distribution of damages.

(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 to consequential damages), 715 (relating to damages for vacation of roads) and 902(b)(1) and (2) (relating to moving and related expenses of displaced persons) shall be subject to a lien for all taxes and municipal claims assessed against the property and to all mortgages, judgments and other liens of record against the property for which the particular damages are payable, existing at the date of the filing of the declaration of taking. (2) The liens shall be paid out of the damages in order of priority before any payment to the condemnee, unless released. (3) In the case of a partial taking or of damages under sections 714 and 715, the lienholder shall be entitled only to an equitable pro rata share of the damages lienable under this section. (b) Distribution of damages.-- (1) The condemnor shall distribute the damages properly. If the condemnor is unable to determine proper distribution of the damages, it may, without payment into court, petition the court to distribute the damages and shall furnish the court with a schedule of proposed distribution. (2) Notice of the filing of the petition and schedule of proposed distribution shall be given to all condemnees, mortgagees, judgment creditors and other lienholders, as shown in the proposed schedule, in any manner as the court may direct by general rule or special order. (3) The court may hear the matter or may appoint a master to hear and report or may order any issue tried by the court and jury as may appear proper under all the circumstances. (4) The court shall then enter an order of distribution of the fund. Cross References. Section 521 is referred to in section 522 of this title.

26 Pa.C.S. § 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 (relating to possession, right of entry and payment of compensation) or if the party entitled thereto cannot be found or if for any other reason the amount cannot be paid to the party entitled thereto, the court upon petition of the condemnor, which shall include a schedule of proposed distribution, may direct payment and costs into court or as the court may direct in full satisfaction. (2) The condemnor shall give 20 days' notice of the presentation of the petition, including a copy of the schedule of the proposed distribution, to all parties in interest known to the condemnor in any manner as the court may direct by general rule or special order. (3) If the court is satisfied in a particular case that the condemnor failed to use reasonable diligence in giving notice, the court may, upon petition of any party in interest adversely affected by the failure to give notice, order that compensation for delay in payment be awarded to the party for the period after deposit in court by the condemnor under this section until the time the party in interest has received a distribution of funds under this section. (b) Distribution.--The court upon petition of any party in interest shall distribute the funds paid under subsection (a) or any funds deposited in court under section 307 to the persons entitled thereto in accordance with the procedure in section 521 (relating to liens and distribution of damages), but, if no petition is presented within a period of five years of the date of payment into court, the court shall order the fund or any balance remaining to be paid to the Commonwealth without escheat. No fee shall be charged against these funds.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=26Fetched: 10/16/2026