20 Pa. Commw. 212 | Pa. Commw. Ct. | 1975
Opinion by
These appeals in an eminent domain proceeding are from an order of the Court of Common Pleas of Philadelphia County which modified a verdict of the trial court sitting without a jury to include $10,000.00 in business dislocation damages under Section 601-A(b) (3) of the Eminent Domain Code,
Now we hear these appeals.
Condemnor argues that the court below erred when it awarded dislocation damages because Condemnee failed to establish by a preponderance of the evidence that its business could not be relocated without sustaining a sub
“In addition to damages under clauses (1) or (2) of this subsection, damages of not more than ten thousand dollars ($10,000) nor less than twenty-five hundred dollars ($2,500), in an amount equal to . . . forty times the fair monthly rental value, in the case of owner occupancy;3 .... In the case of a business, payment shall be made under this subsection only if the business (i) cannot be relocated without a substantial loss of its existing patronage . . . .” 26 P.S. §l-601A(b) (3) (Footnote added.)
It is not disputed that Condemnee has the burden of proving that its business was of such a character that it could not be moved to another location without a substantial loss of existing patronage. See Redevelopment Authority of the City of Chester v. Swager, 12 Pa. Commonwealth Ct. 437, 316 A.2d 136 (1974); Apple Storage Co. v. School District of Philadelphia, 4 Pa. Commonwealth Ct. 55, 284 A.2d 812 (1971). Condemnee met this burden when its principal testified that he had searched throughout Philadelphia for four months in an effort to obtain a replacement property, but that he was unable to find a building which was adaptable to the specialized equipment needed to meet government specifications for a meat packing plant, and that the cost of naked ground made the erection of a new, suitable installation economically unfeasible. And, although he agreed that much of the business was “walk-in” or transient in nature, there is also evidence that much of its business subsisted on wholesale restaurant-food supply outlets in the immediate location of the plant. Condemnor correctly notes that this
We agree with Condemnee, however, that the court below erred when it limited recovery for machinery and equipment to $20,000.00. Condemnee’s appraiser valued the loose equipment left behind at $7,225.00 which was in addition to the $23,105.00 value he placed on the attached machinery and equipment. Condemnee’s plant constituted an Assembled Economic Unit within the meaning of Singer v. Oil City Redevelopment Authority, 437 Pa. 55, 261 A. 2d 594 (1970) and Redevelopment Authority v. Yee Kai Teung, 5 Pa. Commonwealth Ct. 65, 289 A. 2d 498 (1972) because the operation required a unique building and there was no other suitable building to be found within a reasonable distance of the condemned plant. This being so, both fixed and loose machinery and equipment forming a part of that economic unit were compensable. Condemnor’s expert did not inspect or separately value the loose items apparently upon the assumption that the plant was not an assembled economic unit and the loose machinery and equipment would be removed by the Condemnee. As such, Condemnee’s estimate of the value of the loose items of $7,255.00 was unrebutted and conclusive upon the trial court which did not personally view the machinery and equipment involved. Therefore, even if the trial court fully accepted the Condemnor’s appraisal of the fixed items at $15,385.00, Condemnee was entitled to an additional
Consistent with the foregoing, we remand the proceedings to the court below to adjust its verdict to reflect damages for machinery and equipment in the amount of $22,640.00. In all other respects, the order of the court below is affirmed.
. Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §1-601A(b) (S) (Supp. 1974-1975).
. Since condemnee was displaced after January 2, 1971, increased business dislocation damages authorized by Section 601-A(b) (3) were in order. Section 606-A of the Eminent Domain Code, 26 P.S. §1-606A.
. Condemnee’s real estate expert’s valuation of the fair monthly rental value of property of $700.00 to $1,000.00 was uncontradicted by Condemnor, and exceeds the $10,000.00 maximum permitted by Section 601-A(b) (3) when multiplied by 40.