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In Re Condemnation by the Twp. of Manheim,
868 A.2d 38 (Pa. Cmwlth. 2005)
Township filed a Declaration of Taking under the Eminent Domain Code to acquire road easements over Landowner's property. Landowner filed no Preliminary Objections, so Township proceeded with an offer of just compensation to Landowner. Landowner rejected the offer. Pursuant to Section 1-407 of the Eminent Domain Code, Township filed a Petition to Deposit Estimated Just Compensation Into Court so that it could proceed with the condemnation (obtain the right of entry to the easement), which the Court granted. Township deposited the payment into court. Over five years later, pursuant to Section 1-522 of the Eminent Domain Code, Township filed a Petition to Discontinue Proceedings and to Distribute Funds Deposited into Court because Landowner had failed to petition the court for distribution of the Payment. The Petition requested the court to distribute both the Payment's principal and accrued interest to the Commonwealth. Landowner challenged the Petition. Arguing under Section 5527 of the Judicial Code, Landowner claimed it had six-years to seek distribution of the Payment. The trial court disagreed, finding that Section 1-522's five-year limitations period controlled. Landowner appealed to the Commonwealth Court.
Affirming the decision below, the Court concluded that Section 5527's "catch-all" limitations period did not apply in this case. The Court highlighted Section 5501(a) of the Judicial Code which states that the limitations periods provided for by the Judicial Code prevail unless "a different time is provided by . . . another statute." The Court found that Section 1-522's five-year limitations period applied to the facts of this case and thus, pursuant to Section 5501(a), the six-year limitations period did not apply.
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