Zettlemoyer v. Transcontinental Gas Pipeline Corp.

OPINION

MONTEMURO, Justice.

Appellant, Transcontinental Gas Pipeline Corporation (Transco), appeals from an order and opinion of the Commonwealth Court reversing an order of the Court of Common Pleas that sustained Transco’s preliminary objections and dismissed Appellees’ petition for appointment of a Board of Viewers under the Eminent Domain Code, 26 Pa.S. §§ 1-101 to 1-903.

The issue presented for our consideration is whether Tran-sco committed a de facto taking of Appellees’ land by clearing an area 30 feet beyond the 100 foot right of way it had maintained on Appellee’s property since 1958.…