A recent Commonwealth Court decision reaffirmed the opportunity for a property valuation witness to rely upon hearsay evidence in forming an opinion of property value. In re Condemnation by Turnpike Commission, No. 1131 C.D. 2017 (April 10,2018) a property owner appraiser relied upon an affidavit of a neighbor about the property owners ability to obtain a driveway easement. The affadavit was relied upon in support of a highest or best use for hotel development. The decision cited 26 Pa. C.S.A 703 and the Eminent Domain Code provision which allows an expert to rely on “facts or data” which the expert did not personally observe. Use of this particular rule for eminent domain evidence can be very beneficial in production of evidence of full just compensation.
Pennsylvania Eminent Domain Blog
Hearsay Evidence
Categories:
Uncategorized
Print
708 Views
Related Blog Posts
Faherty Law Firm Assists I-83 Property Owners
I-83 project uproots Dauphin County residents, businesses: ‘Not knowing causes anxiety’ - pennlive.com
The Sunoco Pipeline and Mariner East Pipelines continue to be controversial
The Sunoco Pipeline and Mariner East Pipelines continue to be controversial. The Flynn v. Sunoco Pipeline case resulted in an Order from Pennsylvania Public Utility Judge Elizabeth Barnes.
U.S Supreme Court Reviews Property Rights Re The PennEast Pipeline
On February 3, 2021, the Supreme Court of the United States granted review of the September 10, 2019 Third Circuit Court of Appeals decision which held that New Jersey is entitled to immunity from condemnation suits initiated by PennEast Pipeline Company for the purpose of building a 120-mile pipeline from Luzerne County, Pennsylvania to Mercer County, New Jersey.
