53 Pa. Stat. § 1339
If it shall be deemed necessary by the county commissioners and the corporate authorities of such city to acquire land for such building or buildings, then such county commissioners and corporate authorities are hereby vested with the necessary power and authority to acquire, in the name of such county and city, in such proportions of undivided interest as may be agreed upon, by purchase, condemnation, or otherwise, any and all such real estate, either vacant or occupied, as the respective authorities may deem necessary to furnish a suitable site or sites for such building or buildings, and to sell, convey, transfer, dispose of, or abandon the same, or any part thereof, as the county commissioners and the corporate authorities of such city may determine.
Whenever the county commissioners and the corporate authorities of such city cannot agree on the terms of their purchase with the owner or owners of any real estate that has been selected as aforesaid, such county commissioners and corporate authorities, after having decided upon the amount and location thereof, may enter upon, take possession of, and occupy such land as may have been selected, and designate and mark the boundary lines thereof, and thereafter may use the same for the purposes authorized by this act.
The funds which are raised by taxation in such county and city shall be pledged, and hereby are made security, to the owner or owners of any property taken for the purposes aforesaid for all damages they may sustain on account of the taking of such property. The title to all real estate acquired by condemnation proceedings, as herein provided for, shall be vested in such county and city in fee simple.
When the county commissioners and the corporate authorities of such city shall enter upon and occupy lands for the purposes herein authorized, they, or the owners of such premises or any one of them in behalf of all of them, may present a petition to the court of common pleas of the county in which such land is situated, setting forth the facts, giving a description of the premises taken by metes and bounds, and the names of all the owners thereof; whereupon the said court shall appoint a jury of viewers, and shall fix a time for a hearing, when they shall view the said premises. Said time shall not be less than ten nor more than thirty days after their said appointment, of which time and place, five days' notice shall be given by the petitioners to said viewers and other parties interested. If on account of non-residence, or for any other reason, personal notice cannot be given, notice of such view shall be given as the court may direct.
At the same time and place fixed for the said view, the said viewers, having first been duly sworn or affirmed to perform their duties with fidelity and according to law, shall view and examine the premises so taken, and, after hearing such parties as may desire to be heard, shall decide and make a true report to said court concerning the matters set forth in such petition and submitted to them, and, taking into consideration the quality and location of, and improvements upon, the land so taken and occupied, and taking into consideration the damages sustained and the benefits accruing, shall estimate and determine what amount of damages, if any, have been sustained by the owners of such premises by reason of the taking of said land, and to whom payable, if they can ascertain the legal owners thereof. Such hearing may be adjourned from time to time as such viewers may direct, and the said county commissioners and corporate authorities and the parties interested shall have at least five days' notice of the filing of such report. If the actual owner of such premises, or any part thereof, by reason of nonresidence or otherwise cannot be notified, notice of the filing of such report shall be given as directed by the court.
If no exceptions are filed to, or appeal taken from, said report, by any party interested, within thirty days after the filing thereof, the same shall be confirmed absolutely by the court, and the amount therein awarded to any person shall be a valid debt and obligation of such county and city, in the proportions of the interest acquired by each, collectible as provided by law.
If on account of any liens existing against such premises, or if the actual owners thereof cannot be found, or if the owners, or any of them, refuse the amount awarded by such report, or if for any other reason the said county commissioners and corporate authorities cannot pay the sum awarded for such damages to the persons legally entitled thereto, they may pay the same into court, and thereafter the owners of such premises, or its lien creditors, shall look to said fund for all damages accruing to them on account of the taking of said property.
Exceptions to, or appeals from, said report shall be disposed of according to the rules of said court.
All costs and witness fees in any such case shall be borne equally by the county and city: Provided, That in cases where an appeal is taken by any property owners from the award made by any board of viewers, and the appellant does not recover a verdict for a greater amount than the viewers awarded, the appellant shall pay all costs of such appeal and trial.
53 P.S. § 1339