2012 Pennsylvania Consolidated Statutes
Title 26 - EMINENT DOMAIN
Chapter 5 - Procedure for Determining Damages
Section 521 - Liens and distribution of damages

     § 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.