In re Taking in Eminent Domain of Certain Parcels of Real Estate Located in the Central Business District

In In re Taking in Eminent Domain of Certain Parcels of Real Estate Located in the Central Business District, 22 Pa. Commw. 312, 348 A.2d 480 (Pa. Cmwlth. 1975), the Court addressed a similar situation. Alice E. Weidner and James M. Smith (collectively, owners) owned property in the central business district of Bethlehem. The Redevelopment Authority of the City of Bethlehem (Authority) filed a declaration of taking. A Board of View was appointed and awarded damages in the amount of $ 114,000.00. The owners appealed to the Court of Common Pleas of Northampton County. A jury returned a verdict in favor of the owners in the amount of $ 167,500.00. The Authority moved for a new trial. One of the grounds for the motion was that the Court of Common Pleas of Northampton County admitted into evidence the sale of the adjoining property to the Authority. The Court of Common Pleas of Northampton County denied the motion. The Authority appealed to this Court. Taking, 348 A.2d at 480-481. This Court reversed and remanded after it determined that Scavo was directly on point: In the case at bar, condemnees' (the owners), Mr. Fitelson, was permitted to testify, over objections, to a sale made to condemnor (Authority) of the Greenberg property adjoining condemnees' (the owners) property. Although the trial judge, in overruling the objection was commendably interested in allowing the condemnees (the owners) full and complete opportunity to prove the value of their land, such evidence was not relevant or competent. This case, we believe, is directly on point with Scavo . . . . The condemnees (the owners) argue that the sale of the Greenberg property was a settlement prior to any declaration of taking being filed and was not within the rule in Community Housing Services, Inc. . . . However, the record reveals that this was a sale to condemnor of properties which 'it could, and if necessary would, acquire by condemnation . . .' bringing it directly within that rule. Taking, 348 A.2d at 482.