Vanderveen v. Commonwealth

Acker, J.,

The issue for decision is whether a property owner may withdraw an appeal at pretrial in a condemnation case without the consent of the opposing party. This question has not been decided since the “Eminent Domain Code” of June 22, 1964, P. L. 84, was passed.

The facts are that a portion of the property owner’s land was taken by the Commonwealth of Pennsylvania for widening and other improvements. The board of view awarded damages to plaintiffs in the amount of $4,000, filed in the prothonotary’s office on August 29, 1967. On that same date an appeal was filed by the property owners…