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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 509 - Furnishing of plans to viewers

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 510 - Powers of viewers

§ 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 511 - Administrative matters for viewers' hearings

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 512 - Report of viewers

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 514 - Filing of report of viewers

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 515 - Reports

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 516 - Right of 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 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 517 - Appeals

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 518 - Disposition of appeal

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 519 - Allocation of damages

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 520 - Waiver of viewers' proceedings and termination by stipulation

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 521 - Liens and distribution of damages

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 5 - Procedure for Determining Damages › Section 522 - Payment into court and distribution

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 701 - Just compensation; other damages

§ 701. Just compensation; other damages.
A condemnee shall be entitled to just compensation for the taking, injury or destruction of the condemnee's property, determined as set forth in this chapter. Other damages shall also be paid or awarded as provided in this title.
Cross References.
Section 701 is referred to in section 521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 702 - Measure of damages

§ 702. Measure of damages.
(a) Just compensation.--
Just compensation shall consist of the difference between the fair market value of the condemnee's entire property interest immediately before the condemnation and as unaffected by the condemnation and the fair market value of the property interest remaining immediately after the condemnation and as affected by the condemnation.
(b) Urban development or redevelopment condemnation.--
In the case of the condemnation of property in connection with any urban development or redevelopment project, which property is damaged by subsidence due to failure of surface support resulting from the existence of mine tunnels or passageways under the property or by reason of fires occurring in mine tunnels or passageways or of burning coal refuse banks, the damage resulting from the subsidence or underground fires or burning coal refuse banks shall be excluded in determining the fair market value of the condemnee's entire property interest immediately 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 is damaged by any natural disaster, the damage resulting from the natural disaster shall be excluded in determining fair market value of the condemnee's entire property interest immediately before the condemnation.
(2) This subsection applies only where the damage resulting from the natural disaster has occurred within five years prior to the initiation of negotiations for or notice of intent to acquire or order to vacate the property and during the ownership of the property by the condemnee. The damage to be excluded shall include only actual physical damage to the property for which the condemnee has not received any compensation or reimbursement.
Cross References.
Section 702 is referred to in section 521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 703 - Fair market value

§ 703. Fair market value.
Fair market value shall be the price which would be agreed to by a willing and informed seller and buyer, taking into consideration but not limited to the following factors:
(1) The present use of the property and its value for that use.
(2) The highest and best reasonably available use of the property and its value for that use.
(3) The machinery, equipment and fixtures forming part of the real estate taken.
(4) Other factors as to which evidence may be offered as provided by Chapter 11 (relating to evidence).
Cross References.
Section 703 is referred to in section 521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 704 - Effect of imminence of condemnation

§ 704. Effect of imminence of condemnation.
Any change in the fair market value prior to the date of condemnation which the condemnor or condemnee establishes was substantially due to the general knowledge of the imminence of condemnation, other than that due to physical deterioration of the 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 521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 705 - Contiguous tracts and unity of use

§ 705. Contiguous tracts and unity of use.
Where all or a part of several contiguous tracts in substantially identical ownership is condemned or a part of several noncontiguous tracts in substantially identical ownership which are used together for a unified purpose is condemned, damages shall be assessed as if the tracts were one parcel.
Cross References.
Section 705 is referred to in section 521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 706 - Effect of condemnation use on after value

§ 706. Effect of condemnation use on after value.
(a) General rule.--
In determining the fair market value of the remaining property after a partial taking, consideration shall be given to the use to which the property condemned is to be put and the damages or benefits specially affecting the remaining property due to its proximity to the improvement for which the property was taken.
(b) Future damages and general benefits.--
Future damages and general benefits which will affect the entire community beyond the properties directly abutting the property taken shall not be considered in arriving at the after value.
(c) Special benefits.--
Special benefits to the remaining property shall in no event exceed the total damages, except in cases where the condemnor is authorized under existing law to make special assessments for benefits.
(d) Partial taking.--
A partial taking shall not extinguish a nonconforming use unless all or a substantial portion of the improvements on the property are within the area of the property taken.
Cross References.
Section 706 is referred to in section 521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 707 - Removal of machinery, equipment or fixtures

§ 707. Removal of machinery, equipment or fixtures.
(a) Notice to condemnee.--
In the event the condemnor does not require for its use machinery, equipment or fixtures forming part 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 the time is extended by the condemnor.
(2) If the condemnee so elects, the damages shall be reduced by the fair market value of the machinery, equipment or fixtures severed from the real estate.
Cross References.
Section 707 is referred to in section 521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 708 - Expenses incidental to transfer of title

§ 708. Expenses incidental to transfer of title.
An acquiring agency shall, on the date of payment of the purchase price of amicably acquired real property or of payment or tender of estimated just compensation in a condemnation proceeding to acquire real property, whichever is earlier or as soon as is practicable, reimburse the owner for expenses necessarily incurred for:
(1) Recording fees, transfer taxes and similar expenses incidental to conveying the real property to the acquiring agency.
(2) Penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering the real property.
(3) The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring agency or the effective date of possession of the real property by the acquiring agency, whichever is earlier.
(4) The pro rata portion of water and sewer charges paid to a taxing entity or a local authority allocable to a period subsequent to the effective date of possession of the real property by the acquiring agency.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 709 - Condemnee's costs where no declaration of taking filed

§ 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), a judgment awarding compensation to the condemnee for the taking of property shall include reimbursement of reasonable appraisal, attorney and engineering fees and other costs and expenses actually incurred.
Cross References.
Section 709 is referred to in sections 519, 710 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 710 - Limited reimbursement of appraisal, attorney and engineering fees

§ 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, who is not eligible for reimbursement of fees under section 306(g) (relating to preliminary objections), 308(d) (relating to revocation of condemnation proceedings) or 709 (relating to condemnee's costs where no declaration of taking filed), shall be reimbursed in an amount not to exceed $4,000 per property, regardless of right, title or interest, as a payment toward reasonable expenses actually incurred for appraisal, attorney and engineering fees, except where the taking is for an easement related to underground piping for water or sewer infrastructure, in which case the reimbursement is limited to $1,000, regardless of right, title or interest.
(b) Attorney fees.--
In determining reasonable attorney fees under sections 306(g), 308(d), 709 and this section, the court shall consider all of the circumstances of the case, including, but not limited to, time records if available.
(July 9, 2014, P.L.1037, No.120, eff. 60 days)
2014 Amendment.
Act 120 amended subsec. (a).
Cross References.
Section 710 is referred to in section 519 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 711 - Payment on account of increased mortgage costs

§ 711. Payment on account of increased mortgage costs.
(a) Reimbursement of owner.--
Whenever the acquisition of property by an acquiring agency results in the termination of an installment purchase contract, mortgage or other evidence of debt on the acquired property, requiring the legal or equitable owner to enter into another installment purchase contract, mortgage or other evidence of debt on the property purchased for the same use as the acquired property, a legal or equitable owner who does not qualify for a payment under section 903(a)(2) (relating to replacement housing for homeowners) shall be compensated for any increased interest and other debt service costs which the owner is required to pay for financing the acquisition 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 the aggregate interest and other debt service costs of that amount on the principal of the installment purchase contract, mortgage or other evidence of debt on the replacement property which is equal to the unpaid balance of the installment purchase contract, mortgage or other evidence of debt on the acquired property over the remaining term of the installment purchase contract, mortgage or other evidence of debt on the acquired property reduced to present worth.
(2) The discount rate to be used in reducing to present worth shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement property is located.
(3) The amount shall be paid only if the acquired property was subject to an installment purchase contract or encumbered by a bona fide mortgage or other evidence of debt secured by the property which was a valid lien on the property for not less than 180 days prior to the initiation of negotiations for the acquisition of the property.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 712 - Loss of rentals because of imminence of condemnation

§ 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 suffered prior to the date of taking caused by a reduction of income from rentals which the property owner establishes was substantially due to the general knowledge of the imminence of condemnation, other than that due to physical deterioration of the property within the reasonable control of the property owner.
(b) Applicability.--
This section applies only to losses of rental income suffered following a 60-day period subsequent to written notice from the property owner to the acquiring agency that losses of rental income are being suffered. Claims for special damages under this section may be made by any property owner whose property is or was scheduled for condemnation, whether or not a condemnation subsequently occurs. Total damages under this section shall not exceed $30,000.
(c) Limited applicability.--
Claims for special damages compensation as described in subsection (a) may be made by any property owner against any acquiring agency whether or not a condemnation subsequently occurs for any project related to a convention center in a city of the first class.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 713 - Delay compensation

§ 713. Delay compensation.
(a) General rule.--
Compensation for delay in payment shall be paid at an annual rate equal to the prime rate as listed in the first edition of the Wall Street Journal published in the year, plus 1%, not compounded, from:
(1) the date of relinquishment of possession of the condemned property by the condemnee; or
(2) if possession is not required to effectuate condemnation, the date of condemnation.
(b) Exclusion.--
(1) No compensation for delay shall be payable with respect to funds paid on account or by deposit in court after the date of the payment or deposit.
(2) During the period the condemnee remains in possession after the condemnation:
(i) the condemnee shall not be entitled to compensation for delay in payment; and
(ii) the condemnor shall not be entitled to rent or other charges for use and occupancy of the condemned property by the condemnee.
(c) Award or judgment.--
Compensation for delay shall not be included by the viewers or the court or jury on appeal as part of the award or verdict but shall, at the time of payment of the award or judgment, be calculated under subsection (a) and added to the award or judgment. There shall be no further or additional payment of interest on the award or verdict.
Cross References.
Section 713 is referred to in section 521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 714 - Consequential damages

§ 714. Consequential damages.
All condemnors, including the Commonwealth, shall be liable for damages to property abutting the area of an improvement resulting from change of grade of a road or highway, permanent interference with access or injury to surface support, whether or not any property is taken.
Cross References.
Section 714 is referred to in section 521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 715 - Damages for vacation of roads

§ 715. Damages for vacation of roads.
Whenever a public road, street or highway is vacated, the affected owners may recover damages for any injuries sustained, even though no land is actually taken.
Cross References.
Section 715 is referred to in section 521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 7 - Just Compensation and Measure of Damages › Section 716 - Attempted avoidance of monetary just compensation

§ 716. Attempted avoidance of monetary just compensation.
Where a condemnor attempts to avoid the payment of monetary just compensation to which the condemnee otherwise would be entitled by use of a substitute for monetary compensation and the condemnee incurs expenses, including appraisal, attorney and engineering fees, in securing an adjudication that the substitute is not adequate, the condemnee shall be reimbursed by the condemnor for all these expenses incurred.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 9 - Special Damages for Displacement › Section 901 - Definitions

§ 901. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Acquiring agency."
The term includes an agency or person that is carrying out a program or project to the extent that the agency or person causes a person to become a displaced person.
Cross References.
Section 901 is referred to in section 103 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 9 - Special Damages for Displacement › Section 904 - Replacement housing for tenants and others

§ 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 displaced person displaced from a dwelling not eligible to receive a payment under section 903 (relating to replacement housing for homeowners), which dwelling was actually and lawfully occupied by the displaced person for not less than 90 days prior to the initiation of negotiations for acquisition of the dwelling or the receipt of written notice from the acquiring agency of intent to acquire or order to vacate. The payment shall be the amount determined to be necessary to enable the displaced person to lease a comparable replacement dwelling for a period not to exceed 42 months. The amount shall be the additional amount, if any, over the actual rental or fair rental value of the acquired dwelling, but not more than $7,200.
(2) Any person eligible for a payment under paragraph (1) may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe and sanitary replacement dwelling.
(b) Condition of payment.--
The additional payment authorized by this section shall be made only to a displaced person who occupies a replacement dwelling which is decent, safe and sanitary.
(Dec. 20, 2015, P.L.494, No.88, eff. imd.)
2015 Amendment.
Act 88 amended subsec. (a)(1).
Cross References.
Section 904 is referred to in section 903 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 9 - Special Damages for Displacement › Section 906 - Regulations

§ 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 uniform as practicable.
(2) A displaced person who makes proper application for a payment authorized for that person by this chapter shall be paid promptly after a move or, in hardship cases, be paid in advance.
(3) Any person aggrieved by a determination as to eligibility for a payment authorized by this chapter or the amount of a payment may elect to have the application reviewed by the head of the acquiring agency.
(4) Each displaced person shall receive the maximum payments authorized by this chapter.
(5) Each acquiring agency may obtain the maximum Federal reimbursement for relocation payment and assistance costs authorized by any Federal law.
Cross References.
Section 906 is referred to in sections 902, 903 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 9 - Special Damages for Displacement › Section 907 - Payments not to be considered as income or resources

§ 907. Payments not to be considered as income or resources.
No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any State law or for the purposes of the State or local personal income or wage tax laws, corporation tax laws or other tax laws. No payments under this chapter except those provided for in section 902(b) (relating to moving and related expenses of displaced persons) shall be subject to attachment or execution at law or in equity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 11 - Evidence › Extra - Chapter Notes

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 703 of this title; section 6121 of Title 42 (Judiciary
            and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 11 - Evidence › Section 1103 - Trial in court on appeal

§ 1103. Trial in court on appeal.
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 property involved, notwithstanding that structures have been demolished or the site altered, and the view shall be evidentiary. If the trial is with a jury, the trial judge shall accompany the jury on the view.
(2) If any valuation expert who has not previously testified before the viewers is to testify, the party calling the expert must disclose the expert's name and serve a statement of the valuation of the property before and after the condemnation and the expert's opinion of the highest and best use of the property before the condemnation and of any part remaining after the condemnation on the opposing party at least ten days before the commencement of the trial.
(3) The report of the viewers and the amount of their award shall not be admissible as evidence.
Cross References.
Section 1103 is referred to in section 1104 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 11 - Evidence › Section 1104 - Competency of condemnee as witness

§ 1104. Competency of condemnee as witness.
The condemnee or an officer of a corporate condemnee, without further qualification, may testify as to just compensation without compliance with the provisions of section 1103(2) (relating to trial in court on appeal).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 11 - Evidence › Section 1105 - Evidence generally

§ 1105. Evidence generally.
At the hearing before the viewers or at the trial in court on appeal:
(1) A qualified valuation expert may, on direct or cross-examination, state any or all facts and data which the expert considered in arriving at an opinion, whether or not the expert has personal knowledge of the facts and data, and a statement of the facts and data and the sources of information shall be subject to impeachment and rebuttal.
(2) A qualified valuation expert may, on direct or cross-examination, testify in detail as to the valuation of the property on a comparable market value, reproduction cost or capitalization basis, which testimony may include, but shall not be limited to, the following:
(i) The price and other terms of any sale or contract to sell the condemned property or comparable property made within a reasonable time before or after the date of condemnation.
(ii) The rent reserved and other terms of any lease of the condemned property or comparable property which was in effect within a reasonable time before or after the date of condemnation.
(iii) The capitalization of the net rental or reasonable net rental value of the condemned property, including reasonable net rental values customarily determined by a percentage or other measurable portion of gross sales or gross income of a business which may reasonably be conducted on the premises, as distinguished from the capitalized value of the income or profits attributable to any business conducted on the premises of the condemned property.
(iv) The value of the land together with the cost of replacing or reproducing the existing improvements less depreciation or obsolescence.
(v) The cost of adjustments and alterations to any remaining property made necessary or reasonably required by the condemnation.
(3) Either party may show the difference between the condition of the property and of the immediate neighborhood at the time of condemnation and at the time of view, either by the viewers or jury.
(4) The assessed valuations of property condemned shall not be admissible in evidence for any purpose.
(5) A qualified valuation expert may testify that the expert has relied upon the written report of another expert as to the cost of adjustments and alterations to any remaining property made necessary or reasonably required by the condemnation, but only if a copy of the written report has been furnished to the opposing party ten days in advance of the trial.
(6) If otherwise qualified, a valuation expert shall not be disqualified by reason of not having made sales of property or not having examined the condemned property prior to the condemnation if the expert can show he has acquired knowledge of its condition at the time of the condemnation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 26 - EMINENT DOMAIN › Chapter 11 - Evidence › Section 1106 - Use of condemned property

§ 1106. Use of condemned property.
In arriving at a valuation of the remaining part of the property in a partial condemnation, an expert witness may consider and testify to the use to which the condemned property is intended to be put by the condemnor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Extra - Title Notes

Special Provisions in Appendix.
See section 4 of Act 220 of 2002 in the appendix to this title for special provisions
            relating to continuation of prior law.
27c701s
Special Provisions in Appendix.
See section 4(3) of Act 220 of 2002 in the appendix to this title for special provisions
            relating to continuation of prior law.
27c702s
Special Provisions in Appendix.
See section 4 of Act 90 of 2002 in the appendix to this title for special provisions
            relating to continuation of Environmental Laboratory Accreditation Act.
27c4101s
Special Provisions in Appendix.
See the preamble of Act 138 of 2000 in the appendix to this title for special provisions
            relating to legislative findings and declarations.
27c7707s
Enactment.
Unless otherwise noted, the provisions of Title 27 were added December 15, 1999, P.L.949,
            No.68, effective December 31, 1999.
Enactment.
Unless otherwise noted, Part I was added December 15, 1999, P.L.949, No.68, effective
            December 31, 1999.
Enactment.
Part II (Reserved) was added December 15, 1999, P.L.949, No.68, effective December
            31, 1999.
Enactment.
Unless otherwise noted, Part III was added December 15, 1999, P.L.949, No.68, effective
            December 31, 1999.
Enactment.
Unless otherwise noted, Part IV was added December 15, 1999, P.L.949, No.68, effective
            December 31, 1999.
Enactment.
Unless otherwise noted, Part V was added December 15, 1999, P.L.949, No.68, effective
            December 31, 1999.
Enactment.
Part VI was added December 15, 1999, P.L.949, No.68, effective December 31, 1999.
Enactment.
Subpart A was added December 20, 2000, P.L.980, No.138, effective in 60 days.
Enactment.
Subpart C was added December 15, 1999, P.L.949, No.68, effective December 31, 1999.
Enactment.
Part VII (Reserved) was added December 15, 1999, P.L.949, No.68, effective December
            31, 1999.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 7 - Agricultural Advisory Board › Section 701 - Definitions

§ 701. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agriculture."
Normal farming practices or innovative techniques used in the production and preparation for market of any crop or commodity included within the definition of "crops, livestock and livestock products" in section 3 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law.
"Board."
The Agricultural Advisory Board established in section 702 (relating to establishment of board).
"Department."
The Department of Environmental Protection of the Commonwealth.
"Normal farming practices."
The customary and generally accepted activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of any crop or commodity included within the definition of "crops, livestock and livestock products" in section 3 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law.
"Secretary."
The Secretary of Environmental Protection of the Commonwealth.
"Sustainable agriculture."
An integrated system of plant and animal production practices as defined by the Food, Agriculture, Conservation and Trade Act of 1990 (Public Law 101-624, 104 Stat. 3616).
Special Provisions in Appendix.
See section 4(3) of Act 220 of 2002 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 7 - Agricultural Advisory Board › Section 703 - Powers of board

§ 703. Powers of board.
(a) General rule.--
The board shall have the following powers:
(1) Provide advice and expertise to the department regarding the nature of agriculture in this Commonwealth.
(2) Consult with the department on new departmental policy and revisions to existing departmental policy and on proposed technical guidance that will affect agriculture in this Commonwealth.
(3) (Deleted by amendment).
(4) Consult with the department on proposed regulations and proposed general permits that regulate agriculture in this Commonwealth.
(b) Exempt regulations.--
Regulations subject to review by the seasonal farm labor committee under the act of June 23, 1978 (P.L.537, No.93), known as the Seasonal Farm Labor Act, are exempt from review under subsection (a).
(Oct. 24, 2018, P.L.1179, No.162, eff. 60 days)
2018 Amendment.
Section 3 of Act 162 provided that members of the Nutrient Management Advisory Board and members of the Agricultural Advisory Board, as of the effective date of this section, shall continue to serve as members of their respective boards until their present terms of office expire.