Rule 5170 - Boards Of View(a) Requests for appointment of boards of view shall be made by motion pursuant to York R.C.P. 208.3(a), which shall be filed only after the close of all pleadings and only after rulings on any preliminary objections have been issued by the court.(b) Upon receipt of a motion for appointment of a board of view, the President Judge shall appoint a chair and two additional members from the general board of viewers who shall serve until the conclusion of the matters presented to them. The chair shall be an attorney admitted to the bar of this Commonwealth and who maintains an office for the practice of law in York County.(c) The members of the Board of View shall be compensated at an hourly rate as established from time to time by administrative order of the Court and shall be compensated for expenses incurred in the performance of their duties, including travel to and from view sites but not travel to and from the Judicial Center, at the rate established by the County of York for reimbursement of expenses. Petitions for compensation shall be submitted, no later than three months after the Board's last action, to the President Judge for approval.(d) Any hearings conducted by the board pursuant to the Private Road Act, shall be recorded in such manner so that the proceedings can be reduced to written transcript form. No later than the initial view, the parties and the board shall agree upon the extent of hearings needed, and the board chair shall fix an amount to be advanced by the parties to cover the initial costs of the recordings, and a date by which the costs advanced shall be paid. The moving party shall advance sufficient fees to cover the initial cost of the recording. The board shall direct the safekeeping of the recording and shall include as part of its report to the Court a recommendation as to how the costs of any recording and transcript shall be apportioned as among the parties.(e) Pre-Hearing Procedures: (1) Conference of counsel Prior to Hearing. All counsel representing parties in the proceeding shall confer in person, in advance of the hearing before the board of viewers, to accomplish the following purposes:(i) Lists and marking of exhibits. Examine, mark and list all exhibits which any of them may intend to introduce at the hearing, whether in the case in chief or in rebuttal. Only exhibits so listed and marked shall be offered in evidence at the hearing, except for good cause shown.(ii) Admissibility of exhibits. Agree so far as possible as to the authenticity and admissibility of such exhibits and note briefly the grounds for objection to any exhibits not so agreed upon, and counsel for the plaintiff shall keep a record of such objections and grounds therefor;(iii) Statement of contested issues. Agree so far as possible as to the rules of law governing the case, and identify contested issues of law, if any;(iv) Statement of uncontested facts. Agree so far as possible as to the facts. If the incontestability of any fact is challenged, the party objecting, and the grounds for the objection, shall be identified. No testimony will be taken on facts not in dispute.(2) Arranging conference of counsel. Counsel for the plaintiff shall be responsible for arranging the conference between counsel before the hearing. The conference between counsel shall be held at least two weeks prior to hearing at the office of counsel for the plaintiff; provided, however, that if plaintiff's counsel has no office in York County, the conference shall be held at the office of counsel for the defendant.(3) Preparation of Joint Statement: Counsel shall prepare a joint statement listing all exhibits, all witnesses expected to be called at the Board of View hearing, the contested issues, and stipulations of facts. The statement shall be presented to each viewer at the start of the hearing. (4) Sanctions: The chairperson has the authority to impose appropriate sanctions for violation of this rule, including but not limited to, precluding use of exhibits or witnesses. (5) Unrepresented Parties: if a party is not represented by counsel, counsel for a represented party shall make a good-faith effort to comply with the prehearing procedures in writing rather than by a conference. (f) The report of the board shall include, at a minimum: (1) The names and addresses of all parties to the matter, and their attorneys, if any;(2) A brief recitation of the factual and procedural history of the matter;(4) A recommendation whether a private road should be laid out, and if so, a description sufficient to locate such a road on the ground;(5) An assessment as to the amount of damages to be paid to the party or parties over whose land the road is to be laid; and(6) A brief statement of reasons for the recommendations and assessments.(g) The chairman of the board shall file the original of the board's report with the Prothonotary and shall present the President Judge with a copy of the report and both a proposed decree nisi and a final order for consideration.(h) Exceptions to the findings of a board of view shall be filed within thirty days of the filing of the decree nisi.(1) Exceptions shall list all parties to the proceedings and their addresses, and shall be separately stated in numbered paragraphs.(2) Exceptions shall be filed in accordance with York R.C.P. 205.2 and 208.3(b), and shall be disposed of by one judge.(3) Exceptions taken to an assessment of damages shall state whether a jury trial is demanded.Amended effective through 8/1/2023.