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ALBERT J. BERNOTAS AND GENEVIEVE M. BERNOTAS v. CHESTER COUNTY WATER RESOURCES AUTHORITY (03/13/89)

decided: March 13, 1989.

ALBERT J. BERNOTAS AND GENEVIEVE M. BERNOTAS, APPELLANTS
v.
CHESTER COUNTY WATER RESOURCES AUTHORITY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Chester County, in the case of Albert J. Bernotas and Genevieve M. Bernotas v. Chester County Water Resources Authority, No. 174 March Term, 1970, No. 216 Jury of View, 1967, and No. 410-P Misc. Term, 1983.

COUNSEL

William L. McLaughlin, Jr., for appellants.

Patrick C. O'Donnell, with him, John E. Good, for appellee.

Judges Craig and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 124 Pa. Commw. Page 145]

Albert J. Bernotas and Genevieve M. Bernotas (Appellants) appeal an order of the Chester County Court of Common Pleas sustaining the preliminary objection of the Chester County Water Resources Authority (Authority) to their petition for a board of viewers.

The procedural history of this case dates back to September of 1967, when the Authority filed a declaration of taking against the Appellants' real property located in Upper Uwchlan Township. A writ of possession for the

[ 124 Pa. Commw. Page 146]

    property was issued in May of 1978. A Board of Viewers had been appointed to determine the value of the realty but did not consider dislocation benefits.

In 1971, Article VI-A was added to the Eminent Domain Code (Code).*fn1 This Article provided for moving and related expenses for displaced persons including business dislocation damages.

The Authority denied certain relocation expenses and the Appellants filed an action in federal court pursuant to 42 U.S.C. § 1983, seeking such an award.*fn2 A settlement was reached in this action whereby the Authority agreed to pay the Appellants approximately $35,000.00 in relocation benefits and whereby both parties agreed that the Authority would hold a hearing on claims which had been preliminarily denied.

Section 604-A of the Code, 26 P.S. § 604A, provides in pertinent part:

The Attorney General shall promulgate such rules and regulations as may be ...


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