DocketNumber: Appeal, No. 1727 C.D. 1985
Citation Numbers: 99 Pa. Commw. 505, 513 A.2d 1095
Judges: Colins, Kalish, MacPhail
Filed Date: 8/7/1986
Status: Precedential
Modified Date: 6/24/2022
Opinion by
This is an appeal by Deer Creek Drainage Basin Authority (Authority) from an order of the Court of Common Pleas of Allegheny County granting the petition of Pacoma, Inc. (Pacoma) to strike off a municipal lien. We affirm.
The sole issue in the case involves the interpretation of Section 606 of the Eminent Domain Code (Code), Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. § 1-606.
From the record we ascertain that on December 30, 1977 the Authority initiated a condemnation proceeding against Pacoma by filing a declaration of taking for the construction of a sanitary sewage collection and transportation system. A board of viewers was appointed at Pacomas request which board awarded damages to Pacoma. At the hearing before that board, testimony was received from the Authority indicating that the Authority, pursuant to the provisions of Section 4.B(s) of the Municipal Authorities Act of 1945, Act of May 2,
Pacoma appealed from the viewers’ award. A jury trial was held and Pacoma was awarded a verdict of $45,545.00. At the trial, counsel for the Authority indicated that he was aware that the Authority was under an instruction from the court to present evidence it had with regard to benefits the Pacoma property realized as a result of the condemnation proceedings.
No request was made by the Authority for a special charge on the matter of benefit to the Pacoma property and none was given by the trial court.
The verdict of the jury was appealed to this Court which upheld the award.
On September 4, 1981 the Authority filed a municipal claim against Pacoma in the sum of $19,635.00, together with interest, because Pacoma had failed to pay its assessment based upon $7.00 per front foot. Pacoma responded with a motion to strike alleging that the special benefit to its property from the sewer system had been fully and finally litigated in the emi
We reject the Authority’s contentions and will affirm the order of the trial court on the able and comprehensive opinion of Judge EmilE. Narick, filed September 5, 1985 and reported at 134 Pitt. L.J. 49 (1986).
Order
The order of the Court of Common Pleas of Allegheny County in the above-captioned matter is affirmed.
Section 606 of the Code reads as follows:
In determining the fair market value of the remaining property after a partial taking, consideration shall be given to the use to which the property condemned is to be put and the damages or benefits specially affecting the remaining property due to its proximity to the improvement for which the property was taken. Future damages and general benefits which will affect the entire community beyond the properties directly abutting the property taken shall not be considered in arriving at the after value. Special benefits to the remaining property shall in no event exceed the total damages except in such cases where the condemnor is authorized under existing law, to make special assessments for benefits.
R.R. at 104a, 105a.
R.R. at 106a.
R.R. at 107a.
Deer Creek Drainage Basin Authority v. Pacoma, Inc., 87 Pa. Commonwealth Ct. 492, 487 A.2d 1033 (1985).