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Measure of damages - 26 Pa. Cons. Stat. § 702

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     § 702.  Measure of damages.
        (a)  Just compensation.--Just compensation shall consist of
     the difference between the fair market value of the condemnee's
     entire property interest immediately before the condemnation and
     as unaffected by the condemnation and the fair market value of
     the property interest remaining immediately after the
     condemnation and as affected by the condemnation.
        (b)  Urban development or redevelopment condemnation.--In the
     case of the condemnation of property in connection with any
     urban development or redevelopment project, which property is
     damaged by subsidence due to failure of surface support
     resulting from the existence of mine tunnels or passageways
     under the property or by reason of fires occurring in mine
     tunnels or passageways or of burning coal refuse banks, the
     damage resulting from the subsidence or underground fires or
     burning coal refuse banks shall be excluded in determining the
     fair market value of the condemnee's entire property interest
     immediately before the condemnation.
        (c)  Value of property damaged by natural disaster.--
            (1)  In the case of the condemnation of property in
        connection with any program or project which property is
        damaged by any natural disaster, the damage resulting from
        the natural disaster shall be excluded in determining fair
        market value of the condemnee's entire property interest
        immediately before the condemnation.
            (2)  This subsection applies only where the damage
        resulting from the natural disaster has occurred within five
        years prior to the initiation of negotiations for or notice
        of intent to acquire or order to vacate the property and
        during the ownership of the property by the condemnee. The
        damage to be excluded shall include only actual physical
        damage to the property for which the condemnee has not
        received any compensation or reimbursement.

        Cross References.  Section 702 is referred to in section 521
     of this title.

Last modified: November 27, 2007