Hiring a Real Estate Lawyer

Once a Board of Viewers has been appointed, it has jurisdiction over all claims for special damages, and a Court of Common Pleas has jurisdiction to determine such damages only when the claim is before it on a de novo appeal from the Board of Viewers’ award.  Appeal of Union Elec. Contracting Co., 396 A.2d 862, 864 (Pa. Cmwlth. 1979)(emphasis added), citing, Mobil Oil Corp. v. Department of Transportation, 315 A.2d 639 (Pa. Cmwlth. 1974), Appeal of Kenig, 360 A.2d 776 (Pa. Cmwlth. 1976).

Further, the claims of a property owner and its tenant are recoverable pursuant to 26 Pa. C.S.A. § 507, et seq., which provides as follows:

“(a) Required.–The claims of all the owners of the condemned property, including joint tenants, tenants in common, life tenants, remaindermen, owners of easements or ground rents and all others having an interest in the property and the claims of all tenants, if any, of the property, shall be heard or tried together.

(b) Apportionment of damages.–The award of the viewers or the verdict on appeal from the viewers shall, first, fix the total amount of damages for the property and, second, apportion the total amount of damages between or among the several claimants entitled to damages.

(c) Separate hearings.–Claims for special damages under section 902 (relating to moving and related expenses of displaced persons) may be heard or tried separately.”   26 Pa. C.S.A. § 507 (a. – c.).  

Anyone with a property interest in condemned property is entitled to a fee award.  In re Condemnation by the Pennsylvania Turnpike Com’n of 14.38 Acres in Fee Simple, 548 Pa. 433, 440, 698 A.2d 39, 43 (Pa. 1997), citing, Millcreek Township Sewer Auth. v. Anderson, 397 A.2d 26 (Pa. Cmwlth.1979).  Claims of bonus rent are appropriate  by the tenant of the property owner.  A tenant maintains a separate interest in the real property Property as a tenant.  In re Com., Dept. of Transp., 447 A.2d 342, 344 (Pa. Cmwlth. 1982).  A leasehold interest is a property interest that may not be condemned without just compensation.  Condemnation by the Pennsylvania Turnpike Com’n of 14.38 Acres in Fee Simple, 548 Pa. 433, 440, 698 A.2d 39, 43 (Pa. 1997), citing, Graham Realty Co. v. Dep’t of Transportation, 447 A.2d 342, 344 (Pa. Cmwlth.1982)  

When an entire leasehold interest is condemned, the condemnee is entitled to recover all damages incurred as a result of the taking, including any bonus value for its leasehold.  In re Condemnation by Com., Dept. of Transp., of Right of Way for State Route 0060, 720 A.2d 154, 158 (Pa. Cmwlth. 1998).   In addition to bonus rent, a tenant condemnee may be entitled to compensation for reasonable expenses incurred by the removal, transportation and reinstallation of personal property or its value if such personal property cannot be moved without substantially destroying its value, whether because of the unavailability of a comparable site for relocation or otherwise.  In re Condemnation by Com., Dept. of Transp., of Right of Way for State Route 0060, 720 A.2d 154, at 157.  

If you’re in need of a real estate lawyer in Hazleton, PA, like from Hoegen & Associates, P.C., don’t hesitate to speak with one today during a consultation.