§ 5527. Six year limitation.
(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.
(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.
Notes of Decisions
Cited in
224
cases (
26 in the last 5 years), 1980–2026 · leading case:
Bailey v. Tucker, 621 A.2d 108 (Pa. 1993).
Bailey v. Tucker, 621 A.2d 108 (Pa. 1993).
· cites it 6× “42 Pa.C.S. § 5527. Thus, I would remand Bailey's action in assumpsit to the Court of Common Pleas of Allegheny County for further proceedings.”
Romeo & Sons, Inc. v. P.C. Yezbak & Son, Inc., 652 A.2d 830 (Pa. 1995).
· cites it 9× “The Superior Court, although correctly applying a six-year limitation period, erroneously concluded that 42 Pa.C.S. § 5527 (1982) controls this .scenario.”
Gustine Uniontown Assocs., Ltd. v. Anthony Crane Rental, Inc., 842 A.2d 334 (Pa. 2004).
· cites it 3× “The issue before this Court, which is one of first impression, is whether claims arising out of a written construction contract are subject to the Judicial Code’s residual, or “catch-all,” six-year period of limitations, see 42 Pa.C.S. § 5527, or the more specific four-year…”
Crouse v. Cyclops Indus., 745 A.2d 606 (Pa. 2000).
· cites it 2× “42 Pa.C.S. § 5527. Because an action in promissory estoppel is not specifically provided for under any of the statute of limitations provisions in § 5525 or elsewhere, we must examine the nature of the doctrine to determine which statutory subsection applies.”
Commonwealth v. Allen, 107 A.3d 709 (Pa. 2014).
· cites it 2× “Thus, to fill the void, the court held-the residual six-year limitations period of Section 5527(b) was applicable, 42 Pa.C.S. § 5527(b), 5 and began to run at “the conclusion of the criminal ease in the trial court, whether by conviction, acquittal or withdrawal of the charges;…”
Pantuso Motors, Inc. v. Corestates Bank, 798 A.2d 1277 (Pa. 2002).
· cites it 2× “§§ 5525(7) and (8) (pertaining to actions upon bonds, notes, written contracts, or similar instruments), or the residual six-year period set forth at Section 5527 of the Judicial Code, 42 Pa.C.S. § 5527. 6 In either case, they maintain, the action was timely, as it was brought…”
Fazio v. Guardian Life Ins. Co. of Am., 62 A.3d 396 (Pa. Super. Ct. 2012).
· cites it 2× “Appellants contend that, there being no express limitation on private actions under the UTPCPL, and since their claims fall within the ambit of that statute, the six-year “catchall” limitations period of section 5527(6) of the Judicial Code, 42 Pa.C.S. § 5527(6), applies. We…”
Nelson v. State Farm Mut. Auto. Ins., 988 F. Supp. 527 (E.D. Pa. 1997).
· cites it 4× “under Pennsylvania law an insured’s action for bad faith against an insurer under 42 Pa. Cons.Stat. Ann. § 8371 is subject to the two year statute of limitations .”
Poffenberger v. Goldstein, 776 A.2d 1037 (Pa. Commw. Ct. 2001).
· cites it 2× “4 In 1985, the statute of limitations applicable to an action to set aside a tax sale was the six year’ period of limitations *1042 found at 42 Pa.C.S. § 5527. 5 As more than six years have passed since the 1985 sale, we conclude that the procedural regularity of that tax sale…”
— 42 Pa. Cons. Stat. § 5527(1) — 1 case
— 42 Pa. Cons. Stat. § 5527(2) — 17 cases
Bailey v. Tucker, 621 A.2d 108 (Pa. 1993).
“42 Pa.C.S. § 5527. Thus, I would remand Bailey's action in assumpsit to the Court of Common Pleas of Allegheny County for further proceedings.”
Romeo & Sons, Inc. v. P.C. Yezbak & Son, Inc., 652 A.2d 830 (Pa. 1995).
“The Superior Court, although correctly applying a six-year limitation period, erroneously concluded that 42 Pa.C.S. § 5527 (1982) controls this .scenario.”
— 42 Pa. Cons. Stat. § 5527(2)(1980) — 1 case
Gustine Uniontown Assocs., Ltd. v. Anthony Crane Rental, Inc., 842 A.2d 334 (Pa. 2004).
“The issue before this Court, which is one of first impression, is whether claims arising out of a written construction contract are subject to the Judicial Code’s residual, or “catch-all,” six-year period of limitations, see 42 Pa.C.S. § 5527, or the more specific four-year…”
— 42 Pa. Cons. Stat. § 5527(3) — 1 case
— 42 Pa. Cons. Stat. § 5527(4) — 8 cases
— 42 Pa. Cons. Stat. § 5527(6) — 35 cases
Fazio v. Guardian Life Ins. Co. of Am., 62 A.3d 396 (Pa. Super. Ct. 2012).
“Appellants contend that, there being no express limitation on private actions under the UTPCPL, and since their claims fall within the ambit of that statute, the six-year “catchall” limitations period of section 5527(6) of the Judicial Code, 42 Pa.C.S. § 5527(6), applies. We…”
— 42 Pa. Cons. Stat. § 5527(a) — 2 cases
— 42 Pa. Cons. Stat. § 5527(a)(1) — 1 case
— 42 Pa. Cons. Stat. § 5527(a)(1)(i) — 3 cases
— 42 Pa. Cons. Stat. § 5527(a)(2) — 4 cases
— 42 Pa. Cons. Stat. § 5527(a)(i) — 1 case
— 42 Pa. Cons. Stat. § 5527(a)(ii)(2) — 1 case
— 42 Pa. Cons. Stat. § 5527(a)(l)(i) — 1 case
— 42 Pa. Cons. Stat. § 5527(b) — 44 cases
Commonwealth v. Allen, 107 A.3d 709 (Pa. 2014).
“Thus, to fill the void, the court held-the residual six-year limitations period of Section 5527(b) was applicable, 42 Pa.C.S. § 5527(b), 5 and began to run at “the conclusion of the criminal ease in the trial court, whether by conviction, acquittal or withdrawal of the charges;…”
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