Legal Opinion

In re Condemnation By The Pennsylvania Turnpike Commission of 14.38 Acres In Fee Simple

Supreme Court of Pennsylvania

Decided July 22, 1997PublishedCited by 9 opinions

1Opinion of the Court

OPINION

NIGRO, Justice.

This appeal presents two issues related to damages for a governmental taking pursuant to the Eminent Domain Code, 26 Pa. Stat. §§ 1-101 — 1-903 (Supp.1997). The Pennsylvania Turnpike Commission challenges the Commonwealth Court’s decision that it is the function of the jury, rather than the court, to determine whether a eondemnee is entitled to damages under the Assembled Economic Unit Doctrine. In addition, the Turnpike Commission challenges the award of appraisal and attorneys’ fees to both the owners and a lessee of the condemned property. For the reasons set forth…

2Cases cited13 opinions

  1. Singer v. Oil City Redevelopment AuthoritySupreme Court of Pennsylvania · 1970
  2. Benjamin & Fannie Kellman Trust Fund, Dart Supply, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1976
  3. City of Chester v. Commonwealth, Department of TransportationSupreme Court of Pennsylvania · 1981
  4. Graham Realty Co. v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1982
  5. Chester Municipal Authority v. DelpSupreme Court of Pennsylvania · 1952

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McGaffic v. Redevelopment Authority of New CastleCommonwealth Court of Pennsylvania · 1999
  2. In Re De Facto Condemnation & Taking of Lands of WBF Associates, L.P.Commonwealth Court of Pennsylvania · 2004
  3. Murray v. Pennsylvania Turnpike CommissionCommonwealth Court of Pennsylvania · 2000
  4. In re Condemnation Proceeding by South Whitehall Township AuthorityCommonwealth Court of Pennsylvania · 2005
  5. In Re De Facto Condemnation & Taking of Lands of WBF AssociatesSupreme Court of Pennsylvania · 2006

4 more not listed; retrieve them via the Exa API.

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