Incompetent valuation KOs jury verdict

BVWireIssue #231-2
December 8, 2021

damages, expert witness, income approach, loss of business, condemnation, real property

The jury’s verdict in an eminent domain trial could not stand because the jury relied solely on the valuation the expert for the Pennsylvania Department of Transportation (PennDOT) did, “which was incompetent.” The expert limited the damages to the partial taking of the property and did not take into account the after-taking damages to the remaining property, a hotel. Further, the trial court erred in denying the condemnee’s motion for a new trial “because the after-taking valuation of the property offered by PennDOT’s expert was not competent or based on evidence in the record.” As a result, the judgment was reversed and remanded for a new trial.

The case is State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc. (In re Condemnation by DOT), 2021 Pa. Commw. LEXIS 562; 2021 WL 4483462, and you can read a case analysis and the full opinion on the BVLaw platform.

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