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Liens and distribution of damages - 26 Pa. Cons. Stat. § 521Legal Research Home > Pennsylvania Statutes
§ 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.
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Last modified: November 27, 2007 |