Should Just Compensation Made Into Court Be Remitted to the Condemnor If It Is Not Claimed by the Condemnee Within the Stipulated Five Years ?
In Appeal of Komada, 75 Pa. Commw. 278, 461 A.2d 908 (Pa. Cmwlth. 1983), the condemnor filed a Declaration of Taking, condemnees did not file preliminary objections, the condemnee refused to accept the estimated just compensation, and the condemnor, pursuant to Section 522 of the Eminent Domain Code, petitioned for leave to pay the estimated just compensation into court.
Nearly seven years after the estimated just compensation was paid into court, and after condemnee's failure to petition for distribution of the money, the condemnor filed a petition praying for the remittance of the undistributed just compensation as mandated by Section 522.
Thereafter, the Court, expressly applying the five-year provision in Section 522 of the Eminent Domain Code, held that a court must order the undistributed just compensation paid to the Commonwealth without escheat, if the money is not claimed by the condemnee within five years of the date of payment into court. Id. at 909.