Pennsylvania Code
Title 52 - PUBLIC UTILITIES
Part I - Public Utility Commission
Subpart A - General Provisions
Chapter 3 - SPECIAL PROVISIONS
Subchapter D - CROSSING PROCEEDINGS
Section 3.363 - Claims for property damages from crossings

Universal Citation: 52 PA Code ยง 3.363

Current through Register Vol. 54, No. 44, November 2, 2024

(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.

The provisions of this §3.363 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504-506, 1301 and 1501.

This section cited in 52 Pa. Code § 5.14 (relating to applications requiring notice).

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