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Evidence generally - 26 Pa. Cons. Stat. § 1105Legal Research Home > Pennsylvania Statutes
§ 1105. Evidence generally.
At the hearing before the viewers or at the trial in court on
appeal:
(1) A qualified valuation expert may, on direct or
cross-examination, state any or all facts and data which the
expert considered in arriving at an opinion, whether or not
the expert has personal knowledge of the facts and data, and
a statement of the facts and data and the sources of
information shall be subject to impeachment and rebuttal.
(2) A qualified valuation expert may, on direct or
cross-examination, testify in detail as to the valuation of
the property on a comparable market value, reproduction cost
or capitalization basis, which testimony may include, but
shall not be limited to, the following:
(i) The price and other terms of any sale or
contract to sell the condemned property or comparable
property made within a reasonable time before or after
the date of condemnation.
(ii) The rent reserved and other terms of any lease
of the condemned property or comparable property which
was in effect within a reasonable time before or after
the date of condemnation.
(iii) The capitalization of the net rental or
reasonable net rental value of the condemned property,
including reasonable net rental values customarily
determined by a percentage or other measurable portion of
gross sales or gross income of a business which may
reasonably be conducted on the premises, as distinguished
from the capitalized value of the income or profits
attributable to any business conducted on the premises of
the condemned property.
(iv) The value of the land together with the cost of
replacing or reproducing the existing improvements less
depreciation or obsolescence.
(v) The cost of adjustments and alterations to any
remaining property made necessary or reasonably required
by the condemnation.
(3) Either party may show the difference between the
condition of the property and of the immediate neighborhood
at the time of condemnation and at the time of view, either
by the viewers or jury.
(4) The assessed valuations of property condemned shall
not be admissible in evidence for any purpose.
(5) A qualified valuation expert may testify that the
expert has relied upon the written report of another expert
as to the cost of adjustments and alterations to any
remaining property made necessary or reasonably required by
the condemnation, but only if a copy of the written report
has been furnished to the opposing party ten days in advance
of the trial.
(6) If otherwise qualified, a valuation expert shall not
be disqualified by reason of not having made sales of
property or not having examined the condemned property prior
to the condemnation if the expert can show he has acquired
knowledge of its condition at the time of the condemnation.
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Last modified: November 27, 2007 |