Appeal from the Order of the Court of Common Pleas of Delaware County in case of Township of Ridley v. George S. Forde, Jr., Administrator c.t.a of the Estate of Rev. Ignatius Walter Nall, a/k/a I. Walter Nall, and Ignatius W. Nall, deceased, No. 78-15904.
Scott Galloway, with him Peter J. Rohana, Jr., for appellant.
Jane Landes Foster, Stradley, Ronon, Stevens & Young, for appellee.
Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig.
[ 73 Pa. Commw. Page 613]
The Township of Ridley appeals from an order of the Court of Common Pleas of Delaware County, which awarded the Estate of Reverend Ignatius Walter Nall (estate) delay compensation under the Eminent Domain Code.*fn1
By a notice of condemnation and declaration of taking filed October 26, 1978, the township condemned property belonging to the estate.*fn2 The township admitted, and the parties have stipulated*fn3 that the township took possession of the property on October 26, 1978, but did not pay agreed-upon condemnation damages of $120,000 until August 27, 1979. The trial court, proceeding without appointing a board of view, entered an order dated May 12, 1982, requiring the township to pay the estate $5,917.81 as delay damages, for 300 days at the statutory rate of 6% per annum.*fn4
The township contends here that (1) the trial court lacked subject matter jurisdiction and that (2) the agreement concerning the amount of condemnation
[ 73 Pa. Commw. Page 614]
damages precludes any award of delay compensation. The township further argues that, (3) if the estate is entitled to delay damages, the calculation should not begin until the day the estate completed its actions to quiet title to the property.
Following our scope of review for eminent domain cases,*fn5 we must reject the township's contentions and affirm the order of the trial court.
In support of its first claim, the township argues that, because a board of view did not make the initial determination of delay damages, the trial court did not have jurisdiction over the issue.
The Code provides that the condemnor shall pay delay damages from the date on which it assumes possession until the date on which it pays the condemnation award to the condemnee.*fn6 Either party may file a petition requesting the appointment of viewers,*fn7 who then determine the date from which delay damages shall be calculated.*fn8 Because the date on which the condemnor will pay the ...