R & L Development Co. v. Board of Assessment Appeals

20 Pa. D. & C.3d 774, 1980 Pa. Dist. & Cnty. Dec. LEXIS 63
CourtPennsylvania Court of Common Pleas, Westmoreland County
DecidedDecember 10, 1980
Docketno. 3372 of 1980
StatusPublished

This text of 20 Pa. D. & C.3d 774 (R & L Development Co. v. Board of Assessment Appeals) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Westmoreland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
R & L Development Co. v. Board of Assessment Appeals, 20 Pa. D. & C.3d 774, 1980 Pa. Dist. & Cnty. Dec. LEXIS 63 (Pa. Super. Ct. 1980).

Opinion

LOUGHRAN, J.,

Plaintiff owns three parcels of land located in Westmoreland County which are the subject of this case. The parcel located in the Borough of New Alexandria having Map No. 22-01-11-0-026, consists of 17.9 acres and was acquired by deed dated November 7, 1979 and recorded in deed book volume 2342, page 1135 for the sum of $60,000. This parcel is the combination of three small parcels which previously had been assessed separately and are now assessed together. The total assessed value did not change when the three parcels were combined and the present assessed value is $3325.

The two other parcels are part of a farm which was acquired by plaintiff by deed dated December 31, 1979 and recorded in deed book volume 2344, page 1099 for the consideration of $295,000. Although these two parcels are contiguous, each is assessed separately because the Derry-Loyalhanna Township line crosses the farm. A parcel containing 158.1 acres is taxed in Derry Township. This [776]*776parcel had an assessed value of $8550 before it was acquired by plaintiff and the assessed value was raised to $ 11,150. The parcel situate in Loyalhanna Township consists of 17.3 acres which was assessed at $200 and has been raised to $750.

Plaintiff appealed these assessments requesting a reduction, the request was refused and plaintiff appealed to the court of common pleas. This case was tried on November 21, 1980 and then taken under advisement for this opinion.

The first question presented to the court was whether the board of assessment erred in setting the assessed value of the New Alexandria property (17.9 acres) in an amount equal to the sum of the assessed values of the three parcels that now comprise the property.

The testimony of Charles Gadd, a member of the board of assessment appeals, indicates that the parcel in New Alexandria is comprised of three parcels that were formerly assessed separately. He also testified that the board set the new assessed value of the parcel by adding together the assessed values of the three parcels that comprised the new parcel. Certainly, there can be no error in setting the appraised value and plaintiff has made no effort to attack this method of coming up with a new assessed value. The board may change the assessed value whenever there is an addition to the property. In this case additional land was tacked on to the parcel and the board merely increased the assessed value by an amount equal to the assessed value of the land that was added.

Plaintiff did attempt to show other comparables near the subject property that had a different and lower assessment but defendant also introduced comparables that were truly similar to the assessment of plaintiff. Plaintiff has not convinced this [777]*777court that this assessment was unfair or unlawful and it will stand.

Turning our attention next to the Derry and Loyalhanna tracts comprised of 158.1 acres and 17.3 acres respectively the evidence revealed the following:

The testimony of plaintiff’s witness, Dale Latimer, who is the president of plaintiff corporation, established that plaintiff is engaged in coal stripping activities; that plaintiff paid $295,000 for the Derry and Loyalhanna properties; that coal “stumps” were found on the premises; and that plaintiff has been or presently is engaged in coal stripping activities within 2,000 feet to the west and the south of the subject premises as he pointed out on the aerial photograph entered into evidence by plaintiff.

By law, the county may, and should, value the premises at a figure commensurate with what in fact may be its reasonable use: The General County Assessment Law of May 22, 1933, P.L. 853, as amended, 72 P.S. §5020-402, note 34. The actual value of the property for taxation purposes should take into consideration all uses to which the property is adapted and might in reason be applied: Madeira Appeal, 52 Berks 167 (1960). Such actual value should take “. . . into consideration all uses to which the property is adapted and might in reason be applied ...” Hudson Coal Company’s Appeal, 327 Pa. 247, 251, 193 Atl. 8 (1937). Even if plaintiff never intended to strip the coal the board of assessment appeals has the right to view the premises as coal producing and assess it as such.

Defendant’s witness Gadd testified that he established the fair market value and assessed value of the premises by comparing it with other assessed [778]*778properties having coal located thereon, either severed or not severed from the surface. However, plaintiff’s witness, Louis Martin, a real estate appraiser, failed to consider the use of the premises for coal stripping and the comparables that he used were suggested by plaintiff’s counsel, a practice that is less than commendable and hence of little value to this hearing. He did not view the comparable properties or test them for the purpose of determining the coal content. He did not consider any other properties in the area of the subject property where the value of the coal was a part of the assessed value. His testimony, therefore, is extremely suspect and barely credible.

Under the circumstances and considering all of the testimony presented at the hearing, reality dictates that the Derry portion of this propety was purchased for coal stripping, especially in light of the price paid for it. Even if is believed that the land is presently being farmed, the board has the right to consider its use for coal stripping since it is a reasonable use under the circumstances. In addition, the board is not required to make an investigation for the presence of coal by boring holes, or otherwise, before a reasonable assessment of the land as mineral-bearing property may be justified if the attending circumstances show the property to be of this character: DuBois’s Appeal, 293 Pa. 186, 142 Atl. 134 (1928).

Defendant has also increased the assessment on the 17.3 acre piece in Loyalhanna Township based upon the contention that it is to be used for strip mining. The testimony did not reveal evidence that there is any coal which can be stripped on or near this parcel. The nearest piece of coal which could be stripped is located near the Southern border of the Derry parcel which is approximately 1800 feet [779]*779from the Derry-Loyalhanna Township Une. It is difficult to believe that stripping operations would extend to this area. Regardless of the fact that the Loyalhanna parcel is contiguous to the Derry and the two parcels were bought at the same time, the Loyalhanna parcel is taxed as a separate tract and as such should be taxed according to its possible uses, not those adjoining lands.

Plaintiff has introduced a good deal of evidence into the record which tends to indicate that much of the acreage defendant assessed, in reality, as containing coal, is shown on the assessment cards as agricultural land. Plaintiff contends that if it is shown on the cards as agricultural land than it should be assessed accordingly and that the board of assessment appeals should be penalized for its record-keeping system.

The form and arrangements of these tax records are, to the extent notprescribed by statute, largely a matter of official practice within the discretion of the officer authorized to make such records, provided that the officer makes the records intelligible. 36 P.L.E., Taxation 192. In first class counties, i.e., Philadelphia, the assessment records contains many items as required by statute: 72 P.S. §§5341.6, 5341.9 and 5341.17.

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Related

Dubois's Appeal
142 A. 134 (Supreme Court of Pennsylvania, 1928)
Hudson Coal Company's Appeal
193 A. 8 (Supreme Court of Pennsylvania, 1937)

Cite This Page — Counsel Stack

Bluebook (online)
20 Pa. D. & C.3d 774, 1980 Pa. Dist. & Cnty. Dec. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-l-development-co-v-board-of-assessment-appeals-pactcomplwestmo-1980.