Legal Opinion
In re Condemnation of Rights of Way & Easements Situate in Township of Mt. Pleasant
Commonwealth Court of Pennsylvania
Decided June 6, 2012PublishedCited by 2 opinions
1Opinion of the Court
OPINION BY
Judge BROBSON.
This is an appeal from a decision of the Court of Common Pleas of Westmoreland County (trial court), sustaining Raymond and Patricia Alincics’ (collectively, the Al-incics) preliminary objections to Mt. Pleasant Township Municipal Authority’s (Township) Declaration of Taking. For the reasons set forth below, we affirm.
This condemnation proceeding is pursuant to the Eminent Domain Code, 26 Pa. C.S. §§ 101-1106 (the Code). On June 6, 2008, the Township filed a Declaration of Taking to condemn an area of land described as a railroad right-of-way and easement, located in…
2Cases cited17 opinions
- Soderberg v. WeiselSuperior Court of Pennsylvania · 1997
- A. D. Graham & Co. v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1943
- Recreation Land Corp. v. HartzfeldSuperior Court of Pennsylvania · 2008
- Shaffer v. O'TOOLESuperior Court of Pennsylvania · 2009
- West Whiteland Associates v. CommonwealthCommonwealth Court of Pennsylvania · 1997
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3Cited by2 opinions
- Church of Grace & Glory v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2013
- Reading Blue Mtn. & Northern R/R Co. v. Mount, T.Superior Court of Pennsylvania · 2025