439 Pa. 233 | Pa. | 1970
Lead Opinion
Opinion bt
This is an eminent domain action in which the Commonwealth is appealing from a judgment of the Court of Common Pleas of Lackawanna County.
A 10.94 acre tract on the northern side of Moosic Street in the City of Scranton belonging to Angelo and Frank Scavo, appellees, was condemned by the Department of Highways of the Commonwealth for the purpose of constructing Interstate 1-81. This occurred on October 1, 1962, and on August 27, 1964 the Board of View, for which appellees had petitioned, awarded $39,-000 plus detention damages. Both sides appealed this award, and a trial before a jury was held in the Court of Common Pleas of Lackawanna County. At trial appellees and their experts testified to a value of $95,000-$97,000 (about 20 cents per square foot) while the Commonwealth’s experts testified to a value of $20,000-$23,500 (about 4-5 cents per square foot). On January 11, 1968 the jury returned a verdict of $55,000 plus detention damages. Judgment was entered in favor of appellees after denial of the Commonwealth’s motion for a new trial.
The two issues before us relate solely to evidence the Commonwealth contends was improperly admitted over its timely objections. The Commonwealth, apparently relying on Community Housing Services, Inc. v. Pittsburgh Urban Redevelopment Authority, 435 Pa. 344,
The Commonwealth’s first argument concerns the trial court’s permitting Angelo Scavo and one of appellee’s experts to testify over objection that $20,761.50 had been spent by appellees for excavating, leveling, blasting and hauling to improve the land. As to the testimony of Angelo Scavo, appellees argue that under §704 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P. L. 84, Art. VTI, as amended, 26 P.S. §1-704 (Sapp. 1970)
In Pittsburgh Terminal Warehouse & Transfer Company v. Pittsburgh, 330 Pa. 72, 198 Atl. 632 (1938),
Appellees argue that §705(2) (iv) which permits testimony as to the “value of the land together with the cost of replacing or reproducing the existing improvements thereon less depreciation or obsolescence” is au
The testimony of appellees’ expert (Jones) as to the improvements is as follows: “Q. Yiihat were some of the comparable sales you considered, or some of the factors you considered in reaching that determination that the fair market value was twenty cents per square foot? A. In the first place, I took into consideration what the people paid for the—the present owners paid for it— and whether any money was expended after they bought the property, and they paid $8200 for the property and spent, in land preparation, $20,000, I started out with $28,200 these people had invested; then I checked sales in the immediate neighborhood— . . . .” (Emphasis added). In so testifying the expert witness assumed that a dollar of investment resulted in a dollar of fair market value, and he started out with a minimum value of $28,200.
The Commonwealth’s second argument is that the court below erred in overruling its objections to testi
The Eminent Domain Code, §705(1), states that “A qualified valuation expert may, on direct or cross-examination, state any or all facts and data which he considered in arriving at his opinion. . . .” This, however, must be subject to the limitation that neither an expert witness nor the condemnee (who is deemed a qualified expert, Hoffman, supra at 151) can testify to facts and data which are not judicially relevant and competent. Snitzer, Eminent Domain §705(1)2.1. The subject of the admissibility of testimony as to sales of comparable property to a condemnor was discussed in the Concurring Opinion of Mr. Justice Pomeroy in Community Housing Services, Inc. v. Pittsburgh Urban Redevelopment Authority, supra at 348. We concur in the reasoning expressed there and hold that the court below erred in overruling the Commonwealth’s objections to this testimony.
Finally, this evidence is not made admissible by §705(2) (i) which permits a qualified valuation expert to testify as to “The price and other terms of any sale or contract to sell the condemned property or compa
The judgment is vacated, and the record is remanded for a new trial.
Even though the condemnation took place prior to the effective date of the Eminent Domain Code, §302 of the Codé applies Article VII to all steps taken subsequent to the effective date in all condemnation proceedings in which the condemnation was effected prior to the effective date. See Hoffman, supra at 146, n. 2.
Although no specific objection was made to this statement, the Commonwealth, during the testimony of Angelo Scavo which occurred earlier, objected to any offer as to the price paid for improvements, and their objection at that time was overruled. We feel they have protected their right to raise this question now.
Dissenting Opinion
Dissenting Opinion by
The majority holds that the trial court erred when it permitted the condemnee and his expert to testify as to the cost of improving the condemned land. I cannot agree. It is quite clear that this testimony was given to indicate why the property had the value the condemnee claimed, and is therefore admissible. See Eminent Domain Code §§704, 705(1). This testimony was not given as a separate item of damages, as the majority asserts, but rather was linked—even in the trial judge’s charge—with the purchase price of the land. Thus it is my view that the cost of site improvement, just as the purchase price of the property, was properly admitted to show the fair market value of the land, and how the condemnee and his expert arrived at this valuation.
According, I dissent and would affirm the judgment of the trial court.