§ 151.8. Time and conditions of payment.
(a) No payment of damages under sections 602-A and 603-A of the act (26 P. S. § § 1-602A and 1-603A) shall be made unless the displaced person or family is occupying and, except in the case of damages under section 603-A(a)(1) of the act (26 P. S. § 1-603A(a)(1)) has purchased decent, safe and sanitary replacement housing.
(1) Upon the request of the displaced person, and if necessary to expedite the purchase or rental of a replacement dwelling, the acquiring agency shall pay the agreed amount of damages or, if there is no agreement as to the amount due, make a pro tanto payment in the amount of its estimate of the damages in advance of occupancy or purchase of the replacement dwelling.
(2) However, in that event, payment will be made jointly to the displaced person and a lending institution, title company, the seller or similar party in order to assure that the funds are available and used exclusively for settlement of the replacement dwelling.
(b) In order to assure equitable determination of damages payable under Article VI-A of the act (26 P. S. § § 1-601A—1-606A), final determination of damages will not be made until the displaced person, family, business or farm operator has purchased or rented a replacement dwelling, business or farm. This paragraph does not apply, however, where the business or farm operation is discontinued.
(c) Claims for damages for displacement shall be filed within the 18-month period beginning on the date on which the displaced person receives final payment of the full acquisition cost for his acquired property, if any, or on the date on which he moves or moves his property from the acquired property, whichever is the later date; provided, however, that the acquiring agency may extend the time for filing for good cause.
Notes of Decisions Unless there is a demonstrated need for ready access of funds for condemnees who must borrow money to acquire replacement real estate, condemnees are not entitled to funds to be used in making down payments on replacement dwellings. Baker v. County of Allegheny, 412 A.2d 190 (Pa. Cmwlth. 1980).
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