Lehigh Valley Coal Co. v. Northumberland Co. Commissioners
Lehigh Valley Coal Co. v. Northumberland Co. Commissioners
Opinion of the Court
Opinion by
These appeals are from the decrees of the learned court below fixing the valuation of certain tracts of land for the purpose of taxation. The cases came into the Court of Common Pleas on appeals from the decision of the county commissioners sitting as a board of revision. In such cases when the appeals are perfected in the Court of Common Pleas the proceedings are then de novo and the facts must be found and the law applied just the same as. if the litigation was between private parties: Delaware, Lackawanna & Western R. R. Co.’s Tax Assessment (No. 1), 224 Pa. 240; Lehigh and Wilkes-Barre Coal Co. v. Luzerne County, 225 Pa. 267. The judge who hears the case, sitting as a chancellor, is clothed with the powers of a court to hear and determine the issues involved, subject to the rules of practice and of law applicable to other hearings of an analogous character. The taxing authorities make out a prima facia
In the present case we are impressed with the view urged upon this court by learned counsel for appellants, that in fixing the valuations of the six tracts of land about which complaint is made the evidence as to values was disregarded. We, therefore, agree that the valuations of these six tracts should be reduced to the values testified to by the witnesses at the hearing. If the testimony as to the value of any particular tract of land is uncontradicted, and is worthy of belief, that valuation should be conclusive; if the testimony be conflicting the court must use its best judgment in determining from the weight of it what is a just valuation. Upon the record here presented we find it very difficult to formulate a decree fixing the valuation of each particular tract in controversy and have concluded to remit the record to the court below for the purpose of having final decrees entered there in accordance with the views herein expressed.
Decrees reversed and record remitted with direction to enter such final decrees in the court below as the uncontradicted evidence warrants, and in those cases in which the testimony may be in conflict,, to enter such final decrees as are just and equitable based upon the weight of the evidence. Costs of these appeals to be paid by appellee. '
Reference
- Full Case Name
- The Lehigh Valley Coal Co. v. Northumberland Co. Commissioners
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- Taxation — Valuation- — -Appeals—Practice, G. P. — Evidence— Proper method of fixing value — Reversal-. 1. Where appeals are taken to the Court of Common Pleas from decisions of county commissioners fixing the valuations of tracts of land for purposes of taxation, the proceedings are de novo and the facts must be found and the law applied just the same as if the litigation was between private parties. The judge who hears the case, sitting as a chancellor, is clothed with the powers of a court to hear and determine the issues involved, subject to the rules of practice and of law applicable to other hearings of an analogous character. 2. The method of procedure in such case is for the taxing authorities to make out a prima facia case by the introduction in evidence of the assessment of record in the office of the county commissioners as approved by the board of revision, together with such other hooks and data as may he on file relating to the valuation of the tracts of land in question. If the evidence shows that the hoard of revision acted arbitrarily, or without sufficient reliable information or evidence, or without a substantial basis to justify their decision, the prima facia case will be rebutted and should be go treated' by the chancellor, whose duty it is to determine the questions in controversy in the light of the evidence offered and admitted at the hearing. 3. The weight of the evidence should be decisive with the court and the burden is always on the litigants to introduce the evidence relied on to support their respective contentions. 4. It is not for the court to fix the valuation of a tract of land at what he, as an individual might think it worth, and where from an inspection of the record it appeared that the court had fixed valuations without regard to the evidence submitted, the judgment was reversed, and the case sent hack for a valuation based upon the evidence.