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PA Bulletin, Doc. No. 07-1790

THE COURTS

Title 255--LOCAL
COURT RULES

LEBANON COUNTY

Rule 52-1362: Board of Viewers

[37 Pa.B. 5253]
[Saturday, September 29, 2007]

A.  Composition and Appointment of Board of Viewers Pursuant to Eminent Domain Code

   (1)  The Board of Viewers shall consist of not less than nine members, all of whom shall be adult residents of Lebanon County. At least one-third of the members of the entire board shall be members of the Bar Association of Lebanon County.

   (2)  Board members shall be appointed for a term of three years by the President Judge of the Court of Common Pleas of Lebanon County. Sitting board members may be re-appointed for an additional term or terms of three years upon expiration of their term. Vacancies in any unexpired term of a board member shall be filled by the President Judge. The Court retains the authority and power to remove a board member at will.

   (3)  No member of the Board of View shall, during his/her term, appear as counsel or as a witness in any hearing or proceeding before any Board of Viewers.

B.  Proceedings Before the Board of Viewers

   (1)  Each individual Board of Viewers shall consist of a panel of three members of the County Board of Viewers selected by the Court of Common Pleas, one of whom shall be a member of the Bar Association of Lebanon County.

   (2)  It shall be the duty of the law member of each Board of Viewers to cause said viewers to proceed without undue delay in the execution of its duties. Any hearing in connection with the duties of the Board of Viewers shall be held in a place designated by the Court Administrator's Office.

   (3)  The report of each Board of Viewer shall be filed within 90 days of their appointment unless an extension for the filing of said report is granted by the Court upon cause shown.

C.  Compensation of Viewers

   (1)  Compensation of viewers shall be in an amount fixed by Administrative Order of this Court.

   (2)  A Petition for Compensation shall be filed with the Court and directed to the President Judge at the time of the filing of the report of the Board of Viewers. A copy of the Petition for Compensation shall be served upon all parties, or their attorneys of record, at the time the Board transmits a copy of its report.

   (3)  Compensation approved by the President Judge pursuant to a Petition for Compensation shall be paid to the viewers by the County of Lebanon, taxed as costs against the condemnor and recoverable as such by the County of Lebanon at any time after the date of approval by the President Judge.

   (4)  Prior to the view, the chairman of the Board of Viewers at his/her discretion shall have the authority to require that the condemnor escrow an amount reasonably likely to cover the fees and costs of the Board of Viewers. Any such sum deposited in escrow shall be held by counsel for the condemnor or by the Prothonotary as the chairman shall direct. Failure to deposit said funds may result in imposition of sanctions as the Court deems appropriate.

D.  Rules Applicability to Additional Proceedings

   (1)  In addition to proceedings under the Eminent Domain Code, except as otherwise provided by statute, these rules shall also apply to actions wherein a Board of Viewers is court-appointed and utilized in the disposition of a civil matter.

   This rule shall become effective January 1, 2008.

ROBERT J. EBY,   
President Judge

[Pa.B. Doc. No. 07-1790. Filed for public inspection September 28, 2007, 9:00 a.m.]


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