Rule 604 - Petitions for the Appointment of Viewers. Notices of Special Damages. Claims Before Board of Viewers(1) Each petition for the appointment of viewers, whether filed by a condemnee or by the condemnor and whether including one or more than one property, shall be assigned a new docket number.(2) Where a declaration of taking has been filed, a petition for the appointment of viewers shall include in the caption as a "Sur No." a reference to the docket number at which the declaration of taking was filed, as follows: No.______________ 20
Sur No._____________ 20
(3) A petition for the appointment of viewers shall include all information required to be set forth by 1-502 of the Eminent Domain Code.(4) A condemnee who desires to claim special damages shall set forth the type of special damages sought either in the petition for appointment of viewers or in a written notice to be served upon all other parties and the Board of Viewers at least forty days before the hearing date. (a) If any petitioner is seeking the determination of any damages or benefits payable under Article VIA of the Eminent Code, the petition for appointment of viewers must clearly set forth which of those damages or benefits are to be litigated before the Viewers. If the petitioner fails to comply with the terms of this paragraph, any damages or benefits payable under Article VIA of the Eminent Domain Code shall not be litigated before the Viewers.(b) Documents in support of or in opposition to damages or benefits payable under Article VIA of the Eminent Domain Code which properly have been designated under subsection (1) of this local rule as issues to be litigated before the Viewers shall be admitted into evidence at the Viewers' Hearing without the necessity of calling a witness to authenticate the document or to testify about the document's contents, provided that at least twenty (20) days' notice of the intention to offer such documents was given to every other party accompanied by a copy of each document to be offered.(5) Before presentation of a petition for the appointment of viewers to the Administrative Judge, or such other Judge as the Administrative Judge may designate, the petitioner shall serve a copy of the petition on the Chief Clerk of the Board of Viewers. The Chief Clerk shall thereupon designate the particular members of the Board of Viewers to serve in the case by completing Appointment of Viewers (FORM 604) (see subsection (8) below).(6) A copy of any petition filed by a condemnee shall be sent promptly by registered or certified mail, return receipt requested, postage prepaid to the adverse party or parties as required by 1-502(f) of the Eminent Domain Code and to all other condemnees known to the condemnee filing the petition to have an interest in the property.(7) A copy of any petition filed by a condemnor shall be sent promptly by registered or certified mail, return receipt requested, postage prepaid to all condemnees known to the condemnor to have an interest in the property. FORM 604 Appointment of Views
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION
IN THE MATTER OF CONDEMNATION | CIVIL DIVISION |
_________________________ | No. GD-____________ |
Plaintiff, | |
v. | |
__________________ Defendant. | |
ORDER OF COURT
AND NOW, this _____ day of _____, 20 ___, the within Petition having been presented in open court in consideration thereof, it is ORDERED THAT
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are appointed as Viewers as provided by law to view the property and to ascertain such damages as they may find to have been caused to Plaintiff's property by reason of the condemnation and taking by Defendant as set forth in the within Petition.
_____________________________J.
BOARD OF VIEWERS
______________________
Administrative Chair
Date of View
Date and Time of Exceptions Hearing _______