Alle. Cnty. Pa. 616

As amended through April 9, 2024

Rule 616 - Special Rules for Sewer Cases

In all cases involving the construction, installation or renovation of sewers, the following additional procedures shall be followed. These local rules shall be read in para materia with the Eminent Domain Code and the Second-Class Counties Code. To the extent this local rule conflicts with any portion of Local 600-615, this local rule shall govern; to the extent this local rule does not conflict with any portion of Local 600-615, then they shall also apply.

(1)Declaration of Taking.

The condemnor shall electronically file a declaration of taking, which lists the affected property(ies) by name and address of owner and by Lot and Block number.

(2)Petition for Appointment of Viewers.

After a declaration of taking has been filed, the condemnor or any condemnee may file a Petition for Appointment of Viewers (FORM 616) (see subsection (13) below). Attached to any Petition filed on behalf of the condemnor shall be:

(a) a copy of the Viewers' Plan on which each property shall be identified by a viewers' number beginning with "V-1," running consecutively and corresponding to the owners' name and Lot and Block number;

(b) street improvement plans, which shall show the cuts and fills resulting from any change of grade in the center line as well as the property lines on each side of stations fifty feet apart;

(c) sewer improvement plans, which shall show frontal and depth dimensions of affected property, and where the whole of any property cannot be served by the sewer, the sewer improvement plan shall show the drainage line; and

(d) if benefits are to be determined, a certified copy of all hard and soft construction costs.

(3)Presentation of Petition for Appointment of Viewers to Board of Viewers. Proposed Scheduling Order.

Before presenting a Petition for Appointment of Viewers (FORM 616) (see subsection (13) below) to the Eminent Domain Judge, or such other judge as the Administrative Judge may designate, the petitioner shall serve a copy of the petition with the Chief Clerk of the Board of Viewers. At the time of filing, the Chief Clerk of the Board of Viewers shall complete a proposed scheduling order which the petitioner must present to the Eminent Domain Judge, or such other judge as the Administrative Judge may designate along with the petition for appointment of viewers. The Petition and shall state:

(a) the names of the Viewers to be appointed;

(b) the date and time of the View;

(c) the date after which the Viewers' initial report should be available in the office of the clerk of the municipality in which the property or properties are located;

(d) the last date upon which the affected parties may file written exceptions to the Viewers' initial report; and

(e) the date and time of the Exceptions Hearing.

Note: The Proposed Scheduling Order Form will be available from the Chief Clerk of the Board of Viewers.

(4)Presentation of Petition for Appointment of Viewers to Court.

After obtaining the proposed scheduling order from the Chief Clerk of the Board of Viewers, the petitioner shall present the petition for appointment of viewers, along with the proposed scheduling order, to the Eminent Domain Judge, or such other Judge as the Administrative Judge may designate. After the Eminent Domain Judge or such other Judge as the Administrative Judge may designate has approved the appointment of Viewers and has entered the scheduling order, the petitioner must:

(a) If the petitioner is the condemnee, the petitioner must serve a copy of the petition for appointment of viewers and the scheduling order on the condemnor by certified mail, return receipt requested postage pre-paid, by Sheriff's service, or by personal service.

(b) If the petitioner is the condemnor, the petitioner must serve a copy of the Petition for Appointment of Viewers and the scheduling order on all condemnees affected by the petition by certified mail, return receipt requested postage pre-paid, by Sheriff's service, or by personal service. In addition, the condemnor shall advertise the scheduling order in a publication of general circulation, and shall file a copy of the scheduling order in the office of the clerk of the municipality where the property(ies) is located.

(5)Condemnor's Obligations When Petition for Appointment of Viewers is Filed by Condemnee.

Within ten (10) days after receiving a copy of the scheduling order entered after presentation of a Petition for Appointment of Viewers filed on behalf of a condemnee, the condemnor shall serve the Viewers with a copy of those documents which Local 616(b) requires the condemnor to attach to a Petition for Appointment of Viewers filed on behalf of a condemnor and shall serve a copy on all affected parties or their counsel of record.

(6)Certification of Notice -- Petition for Appointment of Viewers and Scheduling Order.

At least ten (10) days before the date of the View, the petitioner shall certify in writing to the Viewers that the petition and scheduling order have been served, advertised, and/or posted in accordance with subsection (4) of this Rule.

(7)Viewers' Initial Report.

Within twenty (20) days after the View, the Viewers shall deliberate and determine benefits and/or damages on each V-numbered parcel set forth in the petition for appointment of viewers and shall submit an initial report containing an itemized award of benefits and/or damages. Attached to the Viewers' initial report shall be a notice, which shall contain the following:

(a) a brief and concise statement listing the Lot and Block numbers affected and informing the parties that the Viewers have issued an initial report which contains an itemized award of benefits and/or damages;

(b) a statement informing the affected parties of their right to file exceptions to the initial report;

(c) a statement informing the affected parties that they will not be heard at the scheduled exceptions hearing unless they have timely filed written exceptions; and

(d) an announcement that the full text of the initial report shall be made available by the condemnor in the office of the clerk of the municipality where the property or properties are located.

Note: All parties will have received by way of the scheduling order notice of the latest date on which the Viewers' initial report will be issued. See Local 616(3) and (4). Accordingly, all parties are responsible for making sure that they obtain a copy of the Viewers' initial report prior to the date on which written objections to that report must be filed.

(8)Service of Viewers' Initial Report.

The Viewers shall mail a copy of their initial report (with the notice attached) to the condemnor or its counsel of record pursuant to Pa.R.Civ.P. 205.4(g) The condemnor shall immediately post a copy of the initial report in the office of the clerk of the municipality where the property or properties are located. Within ten (10) days of the date of the Viewers' initial report, the condemnor shall serve all affected condemnees with a copy of the Viewers' initial report and the attached notice by certified mail, return receipt requested postage prepaid, by Sheriff's service, or by personal service.

(9)Certification of Notice -- Viewers' Initial Report.

At least ten (10) days before the date of the exceptions hearing, the condemnor shall certify in writing to the Viewers that the initial report and attached notice have been served and posted in accordance with subsection (8) of this local rule.

(10)Exceptions Hearing.

An exceptions hearing shall be held on the date and time set forth in the scheduling order. Only those condemnees who have timely submitted their written objections to the Viewers' initial report shall be heard by the Viewers at the exceptions hearing. The Viewers shall consider the exceptions of the condemnees and make any adjustments the Viewers deem necessary to their initial award of damages and/or benefits.

(11)Viewers' Final Report.

Within twenty (20) days after the exceptions hearing, the Viewers shall serve a copy of their final report on all parties. Attached to the report shall be a notice advising the parties of their right to appeal the Viewers' decision to the Court of Common Pleas.

Within five (5) days of the date of the Viewers' final report, the condemnor shall post the Viewers' final report with the notice attached in the office of the clerk of the municipality where the property or properties are located. Within five (5) days of the date of the Viewers' final report, the condemnor also shall make arrangements to advertise in the next available issue of a publication of general circulation a notice in the following form:

The Board of Viewers has issued its final report, which contains an itemized award of benefits and/or damages for the following Lot and Block numbers: [list]. The full text of the report may be obtained at the [municipality office and address]. Your rights as a property owner may be affected by this report.

(12)Appeals to Court of Common Pleas.

Appeals to the Court of Common Pleas Appeals to the Court of Common Pleas shall be governed by the Eminent Domain Code, the Second-Class Counties Code and Local 613, 614, and 615.

FORM 616 Appointment of Viewers - Sewer Cases

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION

IN THE MATTER OF CONDEMNATION

CIVIL DIVISION

No. GD_____________

__________________

Plaintiff,

vs.

__________________

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

_______________________

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

Alle. Cnty. Pa. 616

Adopted October 4, 2006, effective 12/4/2006; amended effective 9/13/2022; amended effective 11/13/2023.