Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

37 Pa. Code § 151.2. Purpose.

§ 151.2. Purpose.

 The provisions of this chapter have been promulgated to insure the following:

   (1)  That payment of special damages for displacement, authorized by Article VI-A of the act (26 P. S. § §  1-601A—1-606A) shall be made in a manner which is fair and reasonable, and as uniform as practicable.

   (2)  That displaced persons making proper application for a payment authorized for those persons under Article VI-A of the act (26 P. S. § §  1-601A—1-606A) shall be paid promptly after a move or, in hardship cases, be paid in advance.

   (3)  That persons aggrieved by a determination as to eligibility for a payment authorized by Article VI-A of the act (26 P. S. § §  1-601A—1-606A), or the amount of a payment, may elect to have their applications reviewed by the head of the acquiring agency or his designee.

   (4)  That displaced persons shall receive the maximum payments authorized by Article VI-A of the act (26 P. S. § §  1-601A—1-606A).

   (5)  That each acquiring agency may obtain the maximum Federal reimbursement for relocation payment and assistance costs authorized by Federal statute.

Notes of Decisions

   Special Damages

   This section allows a condemnee to elect to negotiate first with the acquiring agency in an attempt to settle issues of eligibility for or regarding the amount of special damages but does not preclude the condemnee from petitioning for an appointment of viewers. Bernotas v. Chester County Water Resources Authority, 555 A.2d 309 (Pa. Cmwlth. 1989).



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