2012 Pennsylvania Consolidated Statutes
Title 26 - EMINENT DOMAIN
Chapter 11 - Evidence
Section 1105 - Evidence generally

     § 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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