2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 27 - Railroads
2704 - Compensation for damages occasioned by construction, relocation or abolition of crossings.

     § 2704.  Compensation for damages occasioned by construction,
                relocation or abolition of crossings.
        (a)  General rule.--The compensation for damages which the
     owners of adjacent property taken, injured, or destroyed may
     sustain in the construction, relocation, alteration, protection,
     or abolition of any crossing under the provisions of this part,
     shall, after due notice and hearing, be ascertained and
     determined by the commission. Such compensation, as well as the
     cost of construction, relocation, alteration, protection, or
     abolition of such crossing, and of facilities at or adjacent to
     such crossing which are used in any kind of public utility
     service, shall be borne and paid, as provided in this section,
     by the public utilities, municipal corporations, municipal
     authority or nonprofit organization authorized under section
     2702(h) (relating to construction, relocation, suspension and
     abolition of crossings) concerned, or by the Commonwealth, in
     such proper proportions as the commission may, after due notice
     and hearing, determine, unless such proportions are mutually
     agreed upon and paid by the interested parties.
        (b)  Judicial review.--Any party to the proceeding
     dissatisfied with the determination of the commission may appeal
     therefrom, as provided by law, and for this purpose is hereby
     authorized to sue the Commonwealth. The commission may, of its
     own motion, or upon application of any party in interest, submit
     to the court of common pleas of the county wherein the property
     affected is located, the determination of the amount of damages
     to any property owner due to such condemnation, for which
     purpose such court shall appoint viewers, from whose award of
     damages an appeal to said court shall lie on the part of any
     person or party aggrieved thereby, under the general law
     applicable to the appointment of viewers, for the ascertainment
     of damages due to the condemnation of private property for
     public use.
        (c)  Payment of compensation.--The amount of damages or
     compensation determined and awarded to be paid the owners of
     adjacent property by the Commonwealth shall, in each instance,
     be paid by the State Treasurer, on a warrant drawn by the State
     Treasurer, upon the presentation to that officer of a statement
     setting forth the amount determined to be paid as aforesaid,
     duly certified by the commission; such payment to be paid out of
     any funds specifically appropriated for the improvement of the
     roads or highways of this Commonwealth; and in case of a verdict
     and judgment thereon for the damages or compensation, recorded
     by any such adjacent property owners upon appeal, the same shall
     be paid out of any funds appropriated as aforesaid; and any
     court of common pleas hearing and determining such appeal is
     hereby authorized and empowered to issue a writ of mandamus to
     such commission and the State Treasurer, or either of them, as
     the case may require, for the payment of such judgment.
        (d)  Recovery of compensation.--The commission shall have the
     right to recover, for and on behalf of the Commonwealth, by due
     process of law, as debts of like amount are now by law
     recoverable, from the public utility or municipal corporation
     concerned, in such amounts or proportions against each as may be
     determined by the commission, as hereinbefore provided in this
     section, the amount of the damages or compensation awarded to
     the owners of adjacent property by the commission, or by the
     court, and the amounts so received shall be paid into the State
     Treasury, through the Department of Revenue, to the credit of
     the Motor License Fund.
     (Dec. 3, 1998, P.L.920, No.113, eff. 60 days)

        1998 Amendment.  Act 113 amended subsec. (a).
        Cross References.  Section 2704 is referred to in sections
     102, 2702 of this title.