Broad Street Widening
Broad Street Widening
Opinion of the Court
Opinion by
The appellee is the owner of a tract of what is known as meadow land located in the southern section of the city near the Delaware river containing a little over nine acres. In order to provide for the growth, development and improvement of that section the city by ordinance provided for the widening and elevation of Broad street, for the laying out of a public park, and for the construction of a sewer system to drain the territory. The property involved in this proceeding is three feet below city datum which means three feet lower than extreme high tide and one foot below mean high tide. In carrying out this plan of city improvement Broad street was widened and elevated, and in so doing a strip of appellee’s land twenty-three and one-half feet wide and 460 feet long was appropriated and made part of the widened street. The amount of land actually taken is about one-quarter of an acre, and the damages awarded were $39,875. It is difficult to understand upon what theory of assessing damages such a result could be obtained. Ordinarily, the construction of a boulevard, the laying out of a public park, and the installation of a sewer system through and upon lands of this character add to their value instead of depreciating
Judgment reversed and record remitted with instructions to hear and determine the amount of damages to be awarded upon the basis hereinabove indicated.
Reference
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Road law — Widening streets — Damages—Benefits—Act of May 20, 1891, P. L. 101. In a proceeding to assess damages for land taken by á city to widen a street, the benefits and special advantages which may accrue to the part or tract of land not taken or injured by the improvement, must be taken into consideration in determining the difference in value before and after the appropriation. Where land has been so appropriated and used, there is no reason why the damages to the property may not be reduced or entirely overcome by the benefits which may have accrued to it.