Seiple Condemnation

WILLIAMS, J.,

The Commonwealth of Pennsylvania by its Department of Highways filed a declaration of taking for Legislative Route 1098, Section 1R/W, a limited access highway in Northampton County. The declaration calls for a taking of approximately 31 acres of the property of Howard W. Seiple, of which 10.055 acres is to be in fee simple for a roadside rest area, with the balance of the taking an easement for highway purposes.

The condemnee has filed preliminary objections alleging that the Commonwealth is without authority to condemn for a roadside rest, since the act of assembly which…