42 Pa. Stat. and Cons. Stat. § 5527

Updated June 14, 2018
§ 5527. Six Year Limitation

(a) Eminent domain.--

(1) (i) If a condemnor has filed a declaration of taking, a petition for the appointment of viewers for the assessment of damages under 26 Pa.C.S. (relating to eminent domain) must be filed within six years from the date on which the condemnor first made payment in accordance with 26 Pa.C.S. § 307(a) or (b) (relating to possession, right of entry and payment of compensation).

(ii) If payment is not required to be made under 26 Pa.C.S. § 307(a) to obtain possession, a petition for the appointment of viewers must be filed within six years of the filing of the declaration of taking.

(2) If the condemnor has not filed a declaration of taking, a petition for the appointment of viewers for the assessment of damages under 26 Pa.C.S. must be filed within six years from the date on which the asserted taking, injury or destruction of the property occurred or could reasonably have been discovered by the condemnee.

(b) Other civil action or proceeding.--Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation) must be commenced within six years.

Credits 1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978. Amended 1980, Dec. 5, P.L. 1104, No. 189, § 5, imd. effective; 1982, Dec. 20, P.L. 1409, No. 326, art. II, § 201, effective in 60 days; 2006, May 4, P.L. 112, No. 34, § 3, effective in 120 days [Sept. 1, 2006]. BAR ASSOCIATION COMMENT Source Note: Derived from act of March 27, 1913, (1 Sm.L. 76), § 1 (12 P.S. § 31), act of May 28, 1715 (1 Sm.L. 90), § 6 (12 P.S. § 36), act of March 20, 1785 (2 Sm.L. 299), § 7 (12 P.S. § 76), act of April 4, 1798 (3 Sm.L. 331), § 4 (8 P.S. § 101), act of March 28, 1867 (P.L. 48), § 1 (12 P.S. § 41), act of April 13, 1868 (P.L. 948), § 1 (16 P.S. § 7582), act of June 10, 1897 (P.L. 139), § 1 (13 P.S. § 81), act of June 23, 1931 (P.S. 932), § 2820 (53 P.S. § 37820), act of June 11, 1935 (P.L. 302), § 2 (12 P.S. § 43a), act of July 28, 1953 (P.L. 723), § 1263 (16 P.S. § 4263), act of June 22, 1964 (P.L. 84), 524 (26 P.S. § 1-524). HISTORICAL AND STATUTORY NOTES Act 1976-142 legislation Section 25(a) and (b) of 1976, July 9, P.L. 586, No. 142, provides: “(a) Any civil action or proceeding: “(1) the time heretofore limited by statute for the commencement of which is reduced by any provision of this act; and “(2) which is not fully barred by statute on the day prior to the effective date of this act; may be commenced within one year after the effective date of this act, or within the period heretofore limited by statute, whichever is less, notwithstanding any provisions of Subchapter B of Chapter 55 of Title 42 (relating to civil actions and proceedings) or any other provision of this act providing a shorter limitation. “(b) No cause of action fully barred prior to the effective date of this act shall be revived by reason of the enactment of this act.” Act 1980-189 legislation Section 7 of 1980, Dec. 5, P.L. 1104, No. 189, provides that the amendment to this section shall take effect immediately and shall be retroactive to June 27, 1978. Act 1982-326 legislation Act 1982-326, art. II, § 201, rewrote the section, which prior thereto read: “The following actions and proceedings must be commenced within six years: “(1) An action upon a judgment or decree of any court of the United States or of any state. “(2) An action upon a contract, obligation or liability founded upon a bond, note or other instrument in writing, except an action subject to another limitation specified in this subchapter. Where an instrument is payable upon demand, the time within which an action or proceeding on it must be commenced shall be computed from the later of either demand or any payment of principal or of interest on the instrument. “(3) An action upon any official bond. “(4) A proceeding in inverse condemnation, if property has been injured but no part thereof has been taken, or if the condemnor has made payment in accordance with section 407(a) or (b) (relating to possession and payment of compensation) of the act of June 22, 1964 (Sp.Sess., P.L. 84, No. 6), known as the ‘Eminent Domain Code.' “(5) An action to set aside a judicial sale of property. “(6) Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation).” For provisions similar to those contained in former pars. (1) to (3) of this section see 42 Pa.C.S.A. § 5525. For provisions similar to those contained in former par. (4) of this section see 42 Pa.C.S.A. § 5526. For provisions similar to those contained in former par. (5) of this section see 42 Pa.C.S.A. § 5522. Section 403 of 1982, Dec. 20, P.L. 1409, No. 326, provides, in part, that the amendment to this section “shall apply only to causes of action which accrue after the effective date of this act”. Act 2006-34 legislation Act 2006-34, § 3, added subsec. (a) and designated the existing text as subsec. (b). Section 6(3) of 2006, May 4, P.L. 112, No. 34, effective in 120 days [Sept. 1, 2006], provides that “[t]he amendment of 42 Pa.C.S. § 5526(4), 5527 and 5530(a)(3) shall apply only to causes of action which accrue after the effective date of this section.” Prior Laws: 1964, Special Sess., June 22, P.L. 84, No. 6, Art. V, § 524 (26 P.S. § 1-524). 1956, Feb. 28, P.L. (1955) 1186, § 1. 1955, Aug. 9, P.L. 323, § 1263 (16 P.S. § 1263). 1953, July 28, P.L. 723, art. XII, § 1263 (16 P.S. § 4263). 1951, June 28, P.L. 662, § 28.4. 1949, May 18, P.L. 1410, § 1. 1935, June 11, P.L. 302, § 2 (12 P.S. § 43a). 1931, June 23, P.L. 932, art. XXVIII, § 2820 (53 P.S. § 37820). 1897, June 10, P.L. 139, § 1 (13 P.S. § 81). 1885, July 8, P.L. 270, § 1. 1883, June 27, P.L. 163, § 1 (16 P.S. § 7506). 1872, April 13, P.L. 1140, § 1 (17 P.S. § 1542). 1868, April 13, P.L. 948, § 1 (16 P.S. § 7582). 1867, March 28, P.L. 48, § 1 (12 P.S. § 41). 1824, March 29, P.L. 171, § 4. 1803, March 28, P.L. 497, 4 Sm.L. 45, § 4 (16 P.S. § 7558). 1798, April 4, 3 Sm.L. 331, § 4 (8 P.S. § 101). 1794, April 22, 3 Sm.L. 177, § 9 (12 P.S. § 1672). 1785, March 26, 2 Sm.L. 299, § 7 (12 P.S. § 76). 1715, May 28, 1 Sm.L. 90, § 6 (12 P.S. § 36). 1713, March 27, 1 Sm.L. 76, § 1 (12 P.S. § 31). 42 Pa.C.S.A. § 5527, PA ST 42 Pa.C.S.A. § 5527 Current through 2018 Regular Session Act 16