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Pennsylvania Eminent Domain Blog

Hearsay Evidence

June 6th, 2018 | by Mike Faherty
Categories: Uncategorized

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.

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