The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Acquired dwelling-A dwelling which has been acquired for a program or project by an acquiring agency.
Acquiring agency-An entity vested with the power of eminent domain by the laws of the Commonwealth.
Acquisition cost-General damages, or in the event of amicable acquisition, the price paid by the acquiring agency in lieu thereof.
Act-The Eminent Domain Code (26 P. S. §§ 1-101-1-617.1).
Amount necessary to rent comparable decent, safe and sanitary dwelling-The actual rental paid by a displaced person for a decent, safe and sanitary replacement dwelling or the amount determined to be necessary to rent a comparable replacement dwelling, whichever is the lesser.
Business-A lawful activity, with the exception of a farm operation, conducted primarily for the following purposes:
Comparable replacement dwelling-A dwelling which meets the following standards:
Decent, safe and sanitary-A replacement dwelling is decent, safe and sanitary if it meets the following standards:
Displaced person-A condemnee or other person not illegally in occupancy of real property who moves his personal property as a result of the acquisition for a program or project of the real property, whole or in part, or as the result of written notice from the acquiring agency of intent to acquire or order to vacate the real property; and solely for the purpose of section 601-A(a), (b)(1) and (4) of the act (26 P. S. § 1-601A(a), (b)(1) and (4)), as a result of the acquisition or written notice of intent to acquire or order to vacate other real property on which the person conducts a business or farm operation. For the purpose of computing payments under Article VI-A of the act (26 P. S. §§ 1-601A-1-606A) and the provisions of this chapter, members of a family shall be collectively regarded as a single displaced person.
Dwelling-A single-family building, a single-family unit in a multifamily building, a unit of a condominium or cooperative housing project, a mobile home or other residential unit which is the established, fixed, permanent or ordinary dwelling place of residence of a person, as distinguished from temporary and transient, though actual, place of residence. It is a person's legal residence as distinguished from a temporary place of abode; or a person's home, as distinguished from a place to which business or pleasure may temporarily call a person. In instances where the place of permanent and usual abode may be in question, consideration should be given, but not limited to, the following indicia of permanent residency:
Family-Two or more displaced persons, one of whom is the head of a household, plus all other individuals regardless of blood or legal ties who live with and are considered a part of the family unit. If two or more individuals occupy the same dwelling with no identifiable head of a household, they shall be treated as one family for replacement housing payment purposes.
Farm operation-An activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing the products or commodities in sufficient quantity to be capable of contributing materially to the support of the operator.
Loss of existing patronage-A decrease in net earnings.
Original cost of personal property to the displaced person-The amount paid by the displaced person for the personal property, as indicated in his business records. In the event of personal property which was obtained without cost or for which there are no records, the replacement cost of equivalent property at the time of sale shall be used.
Personal property-A tangible property not considered to be real property for purposes of general damages under the laws of the Commonwealth.
Program or project-A program or project undertaken by or for an acquiring agency as to which it has the authority to exercise the power of eminent domain.
Reasonable cost of a comparable replacement dwelling-The actual amount paid by a displaced person for a decent, safe and sanitary replacement dwelling or the amount determined to be necessary for the purchase of a comparable replacement dwelling, whichever is the lesser.
Replacement cost of equivalent property at the time of sale-The current market cost, including delivery and installation costs, of similar personal property, considering such factors as physical and economic depreciation and functional obsolescence.
Replacement dwelling-A dwelling purchased or rented and occupied by a displaced person as a result of the acquisition for a program or project of an acquired dwelling occupied by the displaced person, or as the result of written notice from the acquiring agency of intent to acquire or order to vacate the acquired dwelling.
Value in place of personal property-The value the personal property would have, installed in real property housing a going business, considering such factors as original cost, delivery and installation costs, physical and economic depreciation and functional obsolescence.
37 Pa. Code § 151.1