20 Pa. Commw. 376 | Pa. Commw. Ct. | 1975
Opinion by
This condemnation case raises two issues under Section 601-A of the Eminent Domain Code (Code), Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §1-601A (Supp. 1974-1975):
1) May a tenant recover 40 times the fair monthly rental value of his lease as business dislocation damages under Section 601-A (b) (3) when the amount of his actual monthly rental is undisputed?
2) : May storage costs be awarded as reasonable removal expenses under Section 601-A (a) ?
On August 16, 1971, the Redevelopment Authority of the City of Wilkes-Barre (Condemnor) filed a declaration of taking condemning any interest held by A. P. Santucci, trading as Santucci Produce (Condemnee) as the lessee of property located under the four spans of the South Street Bridge in Wilkes-Barre. Condemnee operated a wholesale produce business on the property under a lease from the City of Wilkes-Barre since 1957. It is undisputed that as of August 16, 1971 the monthly rent
We are here concerned only with two portions of the lower court’s verdict: the award of $10,000.00 in business dislocation damages; and $3,700.00 in storage expenses under the provisions of Section 601-A(b) (3)- and 601-A(a), 26 P.S. §§1-601A (b)(8) and l-601A(a), respectively.
Nor are Pittsburgh Outdoor Advertising Corporation Appeal, 440 Pa. 321, 272 A. 2d 163 (1970), and Profit-Sharing Blue Stamp Co. v. Urban Redevelopment Authority, 429 Pa. 396, 241 A. 2d 116 (1966), persuasive on this point as neither involved an interpretation of business dislocation damages under Section 601-A(b) (3) or under its predecessor, Section 609. Rather, the Court there considered, for just compensation purposes, the valuation of' a condemned leasehold interest, i.e., the “bonus” value of the lease, under Sections 601 and 602 of the Code, 26 P.S. §§1-601 and 1-602. The Court con-
We do agree with the lower court, however, that reasonable storage expenses may be awarded to a displaced person as “reasonable expenses incurred in moving himself and his family and for the removal, transportation, and reinstallation of personal property” provided by Section 601-A (a), 26 P.S. §1-601A(a). Condemnor does not dispute that Condemnee qualified as a displaced person, that the items removed and stored were personal property, that $3,700.00 was actually incurred by Condemnee in interim storage expenses, or that such expenses were reasonable. Hence, our determination here is limited to whether storage expenses are recoverable, at all, under Section 601-A (a). Although this appears to be a question of first impression, a reading of Section 601-A in its entirety supports the allowance of storage expenses. This section was intended to provide a recovery of reasonable expenses incurred by a displaced person in relocating his family or business. It does not reflect a legislative intent to restrict the recovery of moving expenses to the situation where a relocation immediately follows a displacement. Rather, subsection (b) (4) of 601-A provides, as an additional element of recovery,
Consistent with the foregoing, we remand the case to the court below with direction that business dislocation damages allowed under Section 601-A(b) (3) of the Eminent Domain Code be awarded in the amount of $2,500.00. The verdict in all other respects is affirmed.
. Repealed by the Act of December 29, 1971, P.L. 635, and replaced by Section 601-A, 26 P.S. §1-601A.
. Condemnor also appealed the award of $500.00 in attorney’s fees under Section 610, 26 P.S. §1-610, but the issue was withdrawn at oral argument.
. Snitzer, Pennsylvania Eminent Domain (1965 Ed.), §609-3.3 pp. 350-51, suggests that under Section 609, as repealed and replaced by Section 601-A, “actual monthly rental paid for the business premises” should be interpreted as “ ‘reasonable’ monthly rental, free from all inferences of a collusive, fraudulent, or otherwise not bona fide lease.” The bona fides of Condemnee and the City of Wilkes-Barre’s lease were not disputed, and thus it is clear we must look to Condemnee’s “actual rental value” under Section 601-A (b)(3).