HomeMy WebLinkAbout00-8327 CIVILIN RE: CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS OF
REDEVELOPMENT AUTHORITY: CUMBERLAND COUNTY, PENNSYLVANIA
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 110 WEST PENN
STREET, CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF LINDORA
ANNETTA JOHNSON
LINDORA ANNETTA JOHNSON,
PLAINTIFF
REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND,
DEFENDANT
00-8327 CIVIL TERM
IN RE: EMINENT DOMAIN
BEFORE BAYLEY, J.
OPINION AND ORDER OF COURT
On November 29, 2000, the Redevelopment Authority of the County of
Cumberland filed a declaration of taking of a property owned by Lindora Annetta
Johnson at 110 West Penn Street, Carlisle, Cumberland County. Lindora Johnson filed
a notice of appeal from a determination by a Board of View dated September 14, 2001.
The case was bench tried on December 12, 2001.
Under the Eminent Domain Code, 26 P.S. Section 1-101 et seq., a landowner is
entitled to just compensation as a result of a condemnation. Just compensation is the
Bayley, J., January 4, 2002:--
00-8327 CIVIL TERM
difference between the fair market value of the landowner's entire property immediately
before the condemnation, and as unaffected by the condemnation, and the fair market
value of the landowner's entire remaining property immediately after the condemnation,
as affected by the condemnation. 26 P.S. Section 1-602(a).
The subject property is a small tract located in the Borough of Carlisle in a
District zoned R-4 Town Center Residential. Only residential uses are allowed in that
zoning district. The property contains a dilapidated, single-family house that was
damaged by fire on December 10, 1994. The house, which has reached the end of its
useful life, has been uninhabited since that time. The lot no longer meets the size
requirements, under the Carlisle Borough Zoning Ordinance, for a residence that would
be permitted in an R-4 Town Center Residential District. Even if the house could be
repaired, the cost of repairs would substantially exceed the value of the building. The
highest and best use of the property is now vacant land.
The value of the property on the date of the declaration of taking was $7,000.
The cost to demolish the house will exceed $14,000. The real estate taxes owed by
the condemnor as of November 29, 2000, which were paid by the condemnee, totaled
$323.13. Because (1) the cost to demolish the structure on the lot, and (2) the taxes
owed by the condenmee prior to the declaration of taking,1 substantially exceed the
value of the vacant land, we find, for condemnation purposes, on the date of the
1 See 26 P.S. Section 1-608(3).
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00-8327 CIVIL TERM
declaration of taking the premises, as whole, had no market value. See Gilder v.
Commonwealth, Department of Highways, 435 Pa. 140 (1969). The condemnee has
suffered no damage.
ORDER OF COURT
AND NOW, this day of January, 2002, no damages are awarded to
Lindora Annetta Johnson as a result of the declaration of taking on December 10,
1994, of 110 West Penn Street, Carlisle, Cumberland County.
By the Court,
Melville G.M. Walwyn, Esquire
For Condemnee
Christopher C. Houston, Esquire
For Condemnor
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Edgar B. Bayley, J.
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