Whitcomb v. Philadelphia

Citations

• 264 Pa. 277
• 107 A. 765
• 1919 Pa. LEXIS 636

Syllabus

<p>Municipalities — Eminent domain — Sewage disposal plant — Damages — Evidence-—Prospective development — Plans—Hearsay.</p> <p>1. In a proceeding to assess damages for land condemned by a city for a sewage disposal plant, where it appears that the land was below the level of high tide in two neighboring rivers and a tidal creek, and where it also appears that, notwithstanding the low level of the land, the owner claimed that it was adapted for manufacturing establishments, it is proper to admit evidence as to how the property was protected at the time of the taking by a well constructed system of dykes, ditches and pumping stations, and also that on a tract of neighboring, although not contiguous land, of the same general composition, there had been built a large manufacturing establishment. The opinion of a witness based on these facts as to the availability of the land for industrial sites, is clearly competent.</p> <p>2. Such testimony, however, would come to naught, if the owner did not show that there was a demand, at the time of the taking, for the land for manufacturing purposes, or that a demand in the near future might reasonably be anticipated. For this purpose he may offer proof that similarly located land in the neighborhood was being extensively used for manufacturing sites, and that offers had been made to buy the land, or part of it, as a manufacturing site at or about the time it had been taken. The individual who communicated the offer, the man to whom it was communicated, and any one standing by who heard it, would be competent to testify to the fact that an offer had been made but not as to the amount of such offer. Such testimony would not be hearsay.</p> <p>3. A witness may testify as to the use of properties similarly situated in the same neighborhood, having the same general elements as the property in question. If the property extends to a county line, reference to land in the adjoining county, in like use, is proper.</p> <p>4. It is also p