Hays v. Borough of South Easton

Citations

• 10 Pa. Super. 390
• 1899 Pa. Super. LEXIS 294

Syllabus

<p>Municipal law — Property taken for municipal improvement — Measure of damages.</p> <p>In adjusting the burden of municipal improvement, each property owner is to be credited with his contribution,'in property injured, taken or destroyed, and charged with the benefits to his property from the contribution of others. The measure of liability, between each owner and the public, is based on the difference between his contribution and the benefit he receives; between the value of his property previous to the improvement and its value afterwards, as affected by the improvement. If its value be made less, he is to be compensated for the loss; if made greater, he is to be assessed for the increase.</p> <p>Municipal law — Improvements—Taking of private sewer — Measure of damages.</p> <p>A municipality having taken a private sewer for public use the elements from which the measure of liability is to be determined are apparent, the landowner is to be charged with the benefits to his property arising from the improvement made by the borough. He is to be credited with his contribution to this improvement in property taken, injured or destined, which will include a more onerous servitude imposed upon the land and the value of the sewer taken.</p> <p>The fact that plaintiff’s land may be worth as much after as before the taking is not conclusive against a claim by plaintiff, there having been 9 taking of private property for public use.</p>