Landowner Claim Temporary Reduction In the Assessment Value of His Property Due to a Sewer Connection Ban
Can a Landowner Claim Temporary Reduction in the Assessment Value of His Property Due to a Sewer Connection Ban Without Presenting Expert Testimony ?
In Krygier v. Monroe County Bd. of Assessment Appeals, 668 A.2d 239 (Pa. Cmwlth. 1995), the landowner alleged that the Fourth to Eighth Class County Assessment Law mandated a temporary reduction in the assessed value of his property where he was precluded from proceeding due to a sewer connection ban.
The Court rejected the landowner's position because his alleged inability to connect to the sewer system was not the result of a ban by the Department of Environmental Protection (DEP) as required by law.
Additionally, the Court distinguished our decision in Monroe County Bd. of Assessment Appeals v. Miller, 131 Pa. Commw. 538, 570 A.2d 1386 (Pa. Cmwlth. 1990), on the ground that in Miller, the landowner provided testimony regarding the effects of benzene contamination on the property's value.
In Krygier, the landowner presented no expert testimony regarding the property's value.