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Possession, right of entry and payment of compensation - 26 Pa. Cons. Stat. § 307

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     § 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 time
            for filing preliminary objections by the condemnee to the
            declaration of taking, shall be entitled to possession or
            right of entry upon payment of or a written offer to pay
            to the condemnee the amount of just compensation as
            estimated by the condemnor.
                (ii)  The condemnor shall be entitled to possession
            or right of entry upon an easement without the payment of
            or offer to pay the estimated just compensation if the
            condemnor has the right to assess the property for
            benefits.
                (iii)  If a condemnee or any other person then
            refuses to deliver possession or permit right of entry,
            the prothonotary upon praecipe of the condemnor shall
            issue a rule, returnable in five days after service upon
            the condemnee or the other person, to show cause why a
            writ of possession should not issue.
                (iv)  The court, unless preliminary objections
            warranting delay are pending, may issue a writ of
            possession conditioned except as provided in this
            subsection upon payment to the condemnee or into court of
            the estimated just compensation and on any other terms as
            the 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 objections
            challenge the validity of a right-of-way or easement for
            occupation by a utility, the affected owners may recover
            damages for injuries sustained by taking possession under
            this paragraph and are entitled to appropriate equitable
            relief.
                (ii)  If it is finally determined that any other
            condemnation is invalid after the granting of possession
            under this paragraph, the affected owners may recover
            costs and expenses under section 306(g) (relating to
            preliminary objections) and are entitled to disposition
            under 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 as
        provided in subsection (a), the condemnee may tender
        possession or right of entry in writing, and the condemnor
        shall then make payment of the just compensation due the
        condemnee as estimated by the condemnor.
            (2)  If the condemnor fails to make the payment, the
        court, upon petition of the condemnee, may compel the
        condemnor to file a declaration of estimated just
        compensation or, if the condemnor fails or refuses to file
        the declaration, may at the cost of the condemnor appoint an
        impartial expert appraiser to estimate just compensation.
            (3)  The court may, after hearing, enter judgment for the
        amount 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 the
        condemnor or the condemnee to proceed to a final
        determination of the just compensation, and any payments made
        shall be considered only as payments pro tanto of the just
        compensation as finally determined.
            (2)  Following the rendition of the verdict, the court
        shall mold the verdict to deduct the estimated just
        compensation previously paid by the condemnor.
            (3)  In no event shall the condemnee be compelled to pay
        back to the condemnor the compensation paid under subsection
        (a) or (b), even if the amount of just compensation as
        finally determined is less than the compensation paid.

        Cross References.  Section 307 is referred to in sections
     302, 308, 522 of this title; section 5527 of Title 42 (Judiciary
     and Judicial Procedure).

Last modified: November 27, 2007