§ 2704. Compensation for damages occasioned by construction, relocation or abolition of crossings.
(a) General rule.--The compensation for damages which the owners of adjacent property taken, injured,
or destroyed may sustain in the construction, relocation, alteration, protection,
or abolition of any crossing under the provisions of this part, shall, after due notice
and hearing, be ascertained and determined by the commission. Such compensation, as
well as the cost of construction, relocation, alteration, protection, or abolition
of such crossing, and of facilities at or adjacent to such crossing which are used
in any kind of public utility service, shall be borne and paid, as provided in this
section, by the public utilities, municipal corporations, municipal authority or nonprofit
organization authorized under section 2702(h) (relating to construction, relocation,
suspension and abolition of crossings) concerned, or by the Commonwealth, in such
proper proportions as the commission may, after due notice and hearing, determine,
unless such proportions are mutually agreed upon and paid by the interested parties.
(b) Judicial review.--Any party to the proceeding dissatisfied with the determination of the commission
may appeal therefrom, as provided by law, and for this purpose is hereby authorized
to sue the Commonwealth. The commission may, of its own motion, or upon application
of any party in interest, submit to the court of common pleas of the county wherein
the property affected is located, the determination of the amount of damages to any
property owner due to such condemnation, for which purpose such court shall appoint
viewers, from whose award of damages an appeal to said court shall lie on the part
of any person or party aggrieved thereby, under the general law applicable to the
appointment of viewers, for the ascertainment of damages due to the condemnation of
private property for public use.
(c) Payment of compensation.--The amount of damages or compensation determined and awarded to be paid the owners
of adjacent property by the Commonwealth shall, in each instance, be paid by the State
Treasurer, on a warrant drawn by the State Treasurer, upon the presentation to that
officer of a statement setting forth the amount determined to be paid as aforesaid,
duly certified by the commission; such payment to be paid out of any funds specifically
appropriated for the improvement of the roads or highways of this Commonwealth; and
in case of a verdict and judgment thereon for the damages or compensation, recorded
by any such adjacent property owners upon appeal, the same shall be paid out of any
funds appropriated as aforesaid; and any court of common pleas hearing and determining
such appeal is hereby authorized and empowered to issue a writ of mandamus to such
commission and the State Treasurer, or either of them, as the case may require, for
the payment of such judgment.
(d) Recovery of compensation.--The commission shall have the right to recover, for and on behalf of the Commonwealth,
by due process of law, as debts of like amount are now by law recoverable, from the
public utility or municipal corporation concerned, in such amounts or proportions
against each as may be determined by the commission, as hereinbefore provided in this
section, the amount of the damages or compensation awarded to the owners of adjacent
property by the commission, or by the court, and the amounts so received shall be
paid into the State Treasury, through the Department of Revenue, to the credit of
the Motor License Fund.
(Dec. 3, 1998, P.L.920, No.113, eff. 60 days)
1998 Amendment. Act 113 amended subsec. (a).
Cross References. Section 2704 is referred to in sections 102, 2702 of this title.
Notes of Decisions
PECO Energy Co. v. Pennsylvania Pub. Util. Comm'n, 791 A.2d 1155 (Pa. 2002).
· cites it 5× “8 As a result, the current statutory provision, which is virtually identical to its predecessor section 411(a), now appears at 66 Pa.C.S. § 2704(a). Section 2704(a) provides: Compensation for damages occasioned by construction, relocation or abolition of crossings.”
City of Philadelphia v. Philadelphia Elec. Co., 473 A.2d 997 (Pa. 1984).
· cites it 6× “I join the majority opinion but write separately to emphasize the Public Utility Commission's full power over agreements and contracts between utilities and municipalities where rail-highway crossings are involved. The Commission has the general power to revise and reform the…”
Norfolk S. Ry. Co. v. Pub. Util. Comm'n, 77 A.3d 619 (Pa. 2013).
· cites it 6× “See Brief for the Commission at 19 (“[Nowhere in 66 Pa.C.S. § 2704 is there an exception for railroads requiring ownership of facilities at a crossing.”
Equitable Gas Co. v. City of Pittsburgh, 488 A.2d 270 (Pa. 1985).
· cites it 2× “It was never intended that this scheme be utilized to circumvent the exclusive authority vested in the Public Utility Commission "to order any [rail highway] crossing .”
Huss v. Commonwealth, 512 A.2d 1356 (Pa. Commw. Ct. 1986).
· cites it 4× “) 66 Pa. C. S. §2704. It is apparent that Section 2704(a) contemplates an application must first be made to the Commission for a determination of the amount of compensation for damages.”
Commonwealth v. Allen, 107 A.3d 709 (Pa. 2014).
“, 66 Pa.C.S. § 2704(d); 58 P.S. § 57401, and the Legislature has constrained eminent domain takings even more restrictively than is required by the Constitution, see .”
At & T v. Pennsylvania Pub. Util. Comm'n, 737 A.2d 201 (Pa. 1999).
· cites it 4× “Alternatively, they sought reimbursement from Delaware of their actual and anticipated relocation costs pursuant to Section 2704(a) of the Public Utility Code, 66 Pa.C.S. § 2704(a), which authorizes the PUC to allocate costs between public utilities, municipal corporations, and…”
Consol. Rail Corp. v. City of Harrisburg, 842 A.2d 369 (Pa. 2004).
· cites it 4× “§§ 2702, 2704, Conrail sought and obtained the agency’s approval to proceed, initially at its own expense, but subject to a subsequent determination by the Commission pursuant to Section 2704(a) of the Public Utility Code, 66 Pa.C.S. § 2704(a), which invests the PUC with…”
— 66 Pa. Cons. Stat. § 2704(a) — 35 cases
PECO Energy Co. v. Pennsylvania Pub. Util. Comm'n, 791 A.2d 1155 (Pa. 2002).
“8 As a result, the current statutory provision, which is virtually identical to its predecessor section 411(a), now appears at 66 Pa.C.S. § 2704(a). Section 2704(a) provides: Compensation for damages occasioned by construction, relocation or abolition of crossings.”
Norfolk S. Ry. Co. v. Pub. Util. Comm'n, 77 A.3d 619 (Pa. 2013).
“See Brief for the Commission at 19 (“[Nowhere in 66 Pa.C.S. § 2704 is there an exception for railroads requiring ownership of facilities at a crossing.”
At & T v. Pennsylvania Pub. Util. Comm'n, 737 A.2d 201 (Pa. 1999).
“Alternatively, they sought reimbursement from Delaware of their actual and anticipated relocation costs pursuant to Section 2704(a) of the Public Utility Code, 66 Pa.C.S. § 2704(a), which authorizes the PUC to allocate costs between public utilities, municipal corporations, and…”
City of Philadelphia v. Philadelphia Elec. Co., 473 A.2d 997 (Pa. 1984).
“I join the majority opinion but write separately to emphasize the Public Utility Commission's full power over agreements and contracts between utilities and municipalities where rail-highway crossings are involved. The Commission has the general power to revise and reform the…”
— 66 Pa. Cons. Stat. § 2704(b) — 4 cases
Huss v. Commonwealth, 512 A.2d 1356 (Pa. Commw. Ct. 1986).
“) 66 Pa. C. S. §2704. It is apparent that Section 2704(a) contemplates an application must first be made to the Commission for a determination of the amount of compensation for damages.”
— 66 Pa. Cons. Stat. § 2704(d) — 1 case
Commonwealth v. Allen, 107 A.3d 709 (Pa. 2014).
“, 66 Pa.C.S. § 2704(d); 58 P.S. § 57401, and the Legislature has constrained eminent domain takings even more restrictively than is required by the Constitution, see .”
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