§ 3.363. Claims for property damages from crossings.
(a) Claims for property damage for property taken, injured or destroyed must conform with the following requirements:
(1) Be captioned ‘‘
, Plaintiffs, v. Defendants.’’(2) Follow, in general as to form and content, the form available from the Secretary.
(3) Name as defendants those charged with the duty of paying the damages under the provisions of the order of the Commission.
(b) A prima facie claim shall first be filed with the Commission. After filing and service and opportunity to answer, the Commission may proceed to resolve the claim, or under section 2704 of the act (relating to compensation for damages occasioned by construction, relocation or abolition of crossings) may submit the matter to the court of common pleas of the proper county. In either case, notice will be given by the Commission to all parties to the claim.
Authority The provisions of this § 3.363 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 3.363 amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (250645) to (250646).
Cross References This section cited in 52 Pa. Code § 5.14 (relating to applications requiring notice).
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