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Appointment of viewers - 26 Pa. Cons. Stat. § 504

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     § 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.

Last modified: November 27, 2007