Pennsylvania § 5527 Six year limitation

Pennsylvania Statutes

§ 5527 — Six year limitation

Pennsylvania·Title 42 JUDICIARY AND JUDICIAL PROCEDURE·Part PART VI·Ch. 55 LIMITATION OF TIME·Subch. CIVIL ACTIONS AND PROCEEDINGS

(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

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(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.

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Legislative History

(Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; May 4, 2006, P.L.112, No.34, eff. 120 days) 2006 Amendment.Section 6(1) of Act 34 provided that Act 34 shall apply to all condemnations effected on or after the effective date of section 6. Section (6)(3) of Act 34 provided that the amendment of section 5527 shall apply only to causes of action which accrue after the effective date of section 6. Cross References.Section 5527 is referred to in section 5527.2 of this title.