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§ 504. Appointment of viewers

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 26 Pa.C.S.A. Eminent DomainEffective: September 1, 2006

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 26 Pa.C.S.A. Eminent Domain (Refs & Annos)
Chapter 5. Procedure for Determining Damages
Effective: September 1, 2006
26 Pa.C.S.A. § 504
§ 504. Appointment of viewers
Currentness
(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.

Credits

2006, May 4, P.L. 112, No. 34, § 1, effective in 120 days [Sept. 1, 2006].
26 Pa.C.S.A. § 504, PA ST 26 Pa.C.S.A. § 504
Current through Act 92 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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