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Petition for appointment of viewers - 26 Pa. Cons. Stat. § 502Legal Research Home > Pennsylvania Statutes
§ 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.
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Last modified: November 27, 2007 |