Del. Cnty. Pa. 622

As amended through July 15, 2018
Rule 622 - Board Of View Procedure
(a) The Court Administrator shall act as the clerk for the board of view.
(b) The petitioner for the appointment of a board of view shall present his petition to the Court Administrator, with a copy for each viewer. A separate petition shall be filed for each location or premises to be viewed.
(c) The Court Administrator shall secure the signature of a judge to the order appointing the board of view and notify the viewers of their appointment.
(d) Upon receipt of the order of appointment of the board of view, the petitioner shall serve a copy of the order upon the adverse party or parties (condemnor or condemnee).
(e) The Court Administrator shall arrange a time for viewing and for hearing with the viewers and parties in interest and send notice to all parties. Certified mail shall be used for notice to unrepresented litigants. Whenever possible, the Court Administrator will fix the time for the first hearing to immediately follow the viewing.
(f) All hearings shall be held in the Delaware County Courthouse complex unless otherwise authorized by the court and arrangements for the use of said facilities shall be made with the Court Administrator.
(g) At or before the view the condemnor shall furnish each member of the board of view with a plan of the property affected by the taking, comprehensive enough to show the property taken, and the "before" and "after" quantities or areas of the real estate involved.
(h) The petitioner shall present to the viewers at the first hearing a title report of the property involved issued by a reputable title company showing the status of the title at the time of the taking.
(i) Whenever possible, prior to the hearing before the viewers, attorneys for all parties involved should stipulate in writing to all of the undisputed facts including:
(1) The names and addresses of the owners and leaseholders of the real estate involved with abstracts of the last deeds of record and a metes and bounds description of the real estate involved.
(2) A list of liens and claims against the real estate involved including an itemization of all delinquent taxes, sewer rents and other municipal claims.
(3) A description of all easements, rights-of-way, uses, franchises and other matters affecting the land involved.
(4) The date of the taking and a reference to the condemning resolution, ordinance or other authority.
(j) Attorneys should be prepared to submit to the board of view at the first hearing a brief, concise statement of any legal principles in issue.
(k) Any request for a continuance or substitution of viewer shall be made to the Court Administrator in writing, accompanied by a proposed order. There shall be no continuance of a view or hearing or substitution without an order of court on cause shown.
(l) In the case of settlement or discontinuance or withdrawal of action, attorneys shall notify the Court Administrator promptly.
(m) The Court Administrator shall prepare and keep a record showing the case involved and the names of the viewers. A foil history of the proceedings shall be kept by the Court Administrator as a supplement to the Office of Judicial Support's records.
(n) The final report of a jury of view shall be sent to the Court Administrator, who in turn will promptly file said report with the Office of Judicial Support.

Del. Cnty. Pa. 622