Legal Opinion

In re the Taking by Eminent Domain of a Portion of Property Owned by the Bethany Congregation of the Presbyterian Church

Pennsylvania Court of Common Pleas, Alleghany County

Decided August 14, 1984No. G.D. 84-3852Published

1Opinion of the Court

SILVESTRI, J.,

The Borough of Bridgeville, herein Bridgeville, filed a declaration of taking, in fee simple, a strip of land of The Bethany Congregation of the Presbyterian Church of the Borough of Bridgeville, herein Church. The land approximates a rectangle having the following approximate dimensions: 29 feet by 277 feet by nine feet by 296 feet. The strip of land abuts Washington Avenue within Bridgeville.

The purpose of the taking is stated in the declaration of taking as . . to acquire property necessary for the widening of Washington Avenue. ...”

The Church filed preliminary objections to…

2Cases cited4 opinions

  1. Luzerne Township v. Fayette CountySupreme Court of Pennsylvania · 1938
  2. Interstate Cemetery Co. AppealSupreme Court of Pennsylvania · 1966
  3. Greene County v. Center TownshipSupreme Court of Pennsylvania · 1931
  4. Shapera v. Allegheny CountySupreme Court of Pennsylvania · 1942

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