RESOLUTION OF THE PHILADELPHIA BAR ASSOCIATION SUPPORTING ADOPTION OF PROPOSED AMENDMENT TO PHILADELPHIA COURT OF COMMON PLEAS RULE *1028 AND PROPOSED PHILADELPHIA COURT OF COMMON PLEAS RULE *1028.1

WHEREAS, de jure and de facto condemnation proceedings in the Commonwealth are commenced under and governed by the Eminent Domain Code, Act of June 22, 1964, Sp. Sess., P.L. 84, as amended, 26 P.S. ยงยง 1-101 et seq. ("Eminent Domain Code);

WHEREAS, the Eminent Domain Code authorizes the filing of preliminary objections to a declaration of taking in a de jure condemnation proceeding pursuant to Section 406 of the Eminent Domain Code and the filing of preliminary objections to a petition for the appointment of viewers alleging a de facto condemnation or other compensable injury pursuant to Section 502(e) of the Eminent Domain Code (collectively, "Eminent Domain Code preliminary objections");

WHEREAS, Eminent Domain Code preliminary objections are distinct from and serve a very different purpose than preliminary objections filed pursuant to the Pennsylvania Rules of Civil Procedure and require prompt adjudication by the trial court pursuant to the Eminent Domain Code;

WHEREAS, the Philadelphia Court of Common Pleas Rules do not address the adjudication of Eminent Domain Code preliminary objections;

WHEREAS, the absence of local rules addressing Eminent Domain Code preliminary objections has created confusion and uncertainty as to which, if any, local court procedures apply to their adjudication and has resulted in unnecessary delays in their adjudication;

WHEREAS, the proposed Amendment to Philadelphia Court of Common Pleas Rule *1028, "Preliminary Objections" and proposed Philadelphia Court of Common Pleas Rule *1028.1, "Preliminary Objections to Declaration of Taking Pursuant to Section 406 of the Eminent Domain Code or to Petition for Appointment of Viewers Alleging De Facto Taking Or Other Compensable Injury Pursuant to Section 502(e) of the Eminent Domain Code" will be beneficial to all parties to a condemnation proceeding, obviate confusion and uncertainty concerning local court procedures for the adjudication of Eminent Domain Code preliminary objections and insure their expeditious consideration and adjudication by a specially assigned judge as required by the Eminent Domain Code;

NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association supports the adoption of the proposed Amendment to Philadelphia Court of Common Pleas Rule *1028, "Preliminary Objections" and the proposed Philadelphia Court of Common Pleas Rule *1028.1, "Preliminary Objections to Declaration of Taking Pursuant to Section 406 of the Eminent Domain Code or to Petition for Appointment of Viewers Alleging De Facto Taking Or Other Compensable Injury Pursuant to Section 502(e) of the Eminent Domain Code", in the form attached to this Resolution, and authorizes the Chancellor, or her designee, to communicate the Bar Association's support for the adoption of these proposed local rules on eminent domain to the City Solicitor.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: February 27, 2003