53 Pa. Stat. § 2203

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 2203 - Assessment of damage; viewers; report; costs; compensation of viewers; witnesses; appeal

If the parties cannot agree upon the compensation to be made to the owner or owners of such land, enclosures, streams, public or private roads or highways, or to any person or persons who may be injured by the diversion, absorption, or pollution of any waters that may be used by said cities for the purpose aforesaid, it shall and may be lawful for either party to present a petition to the court of common pleas of the county in which the lands are situate, asking the court to appoint three viewers to view and assess, and report to the court, what damage, if any, has been done by the said city. The report to be filed at the next term of court; and notice of the time of the meeting of said viewers to be served upon all parties interested, at least five days before the day of view; which report, being confirmed by the court, judgment shall be entered thereon; and execution may issue in case of nonpayment of the sum awarded; with two dollars per diem, and mileage, for each day the viewers were in attendance, and the same pay for witnesses as now provided for attendance at court; with power in the viewers to issue subpoenas, at the instance of either party, to compel the attendance of witnesses; the costs of the proceeding to be assessed and paid by the losing party: Provided, That either party may appeal to the common pleas court, within thirty days after such report shall have been filed in the prothonotary's office of said county, in the same manner as appeals are allowed in other cases; upon which appeal such proceedings shall be had as are used in actions for damages at law.

53 P.S. § 2203

1905, April 10, P.L. 125, No. 94, § 3.