Legal Opinion
In Re Condemnation by the Commonwealth
Commonwealth Court of Pennsylvania
Decided July 26, 1989No. W.D. 74 and 92, 511 Pa. 620, 515 A.2d 899PublishedCited by 9 opinions
1Opinion of the Court
KALISH, Senior Judge.
The Pennsylvania Department of Transportation (DOT) filed a declaration of taking to acquire a fee simple estate in fifty percent of the property of the Estate of Julia F. Rochez (condemnee), for the construction of a limited access highway. The condemnee filed a number of preliminary objections, including, inter alia, that the taking was excessive. In an order dated August 6, 1985, the trial court held that section 3 of the Act of December 7, 1979, P.L. 478, (Act of 1979-100), 71 P.S. § 513(e), violated Article III, Section 3 of the Pennsylvania Constitution because the…
2Cases cited10 opinions
- Winger v. AiresSupreme Court of Pennsylvania · 1952
- Faranda AppealSupreme Court of Pennsylvania · 1966
- Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
- Pittsburgh School District Condemnation CaseSupreme Court of Pennsylvania · 1968
- Pidstawski v. South Whitehall TownshipCommonwealth Court of Pennsylvania · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- North Penn Water Authority v. a Certain Parcel of Land Identified by Last Known Owner & Tax Parcel Number as MalinCommonwealth Court of Pennsylvania · 1994
- Condemnation of a Tract of LandCommonwealth Court of Pennsylvania · 1992
- In Re Condemn. by Com., Dept. of Transp.Commonwealth Court of Pennsylvania · 1998
- In re Condemnation by the Commonwealth Department of Transportation, of Right of Way for Legislative Route 1021, Section 1BCommonwealth Court of Pennsylvania · 1992
- In re Condemnation by the CommonwealthCommonwealth Court of Pennsylvania · 1998
4 more not listed; retrieve them via the Exa API.