Legal Opinion

Condemnation of a Tract of Land

Commonwealth Court of Pennsylvania

Decided December 11, 1992No. 509 C.D. 1992PublishedCited by 7 opinions

1Opinion of the Court

PALLADINO, Judge.

Harold and Judy McKonly (Condemnees) appeal from an order of the Court of Common Pleas of York County (trial court) dismissing Condemnees’ preliminary objections to a declaration of taking (declaration) filed by the Eastern York School District (Condemnor). We vacate and remand.

On September 30, 1991, Condemnor filed a declaration of taking condemning a sixteen-acre tract of land owned by the Condemnees. Upon notice of the taking, Condemnees filed preliminary objections alleging: 1) that the declaration is deficient; 2) that the amount of land taken is excessive; and 3) that…

2Cases cited6 opinions

  1. Winger v. AiresSupreme Court of Pennsylvania · 1952
  2. Pittsburgh School District Condemnation CaseSupreme Court of Pennsylvania · 1968
  3. Redevelopment Authority of City of Erie v. Owners or Parties in InterestCommonwealth Court of Pennsylvania · 1971
  4. City of Philadelphia v. MartoranoCommonwealth Court of Pennsylvania · 1978
  5. Downingtown Area School District v. DiFrancescoCommonwealth Court of Pennsylvania · 1989

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. North Penn Water Authority v. a Certain Parcel of Land Identified by Last Known Owner & Tax Parcel Number as MalinCommonwealth Court of Pennsylvania · 1994
  2. Beaver Falls Municipal Authority for Penndale Water Line Extension v. Beaver Falls Municipal AuthorityCommonwealth Court of Pennsylvania · 2008
  3. In re Condemnation by Pennsylvania Turnpike CommissionCommonwealth Court of Pennsylvania · 2014
  4. In re Condemnation by PPL Electric Utilities Corp. of Real Estate Situate in Schuylkill CountyCommonwealth Court of Pennsylvania · 2013
  5. In re Condemnation by the Commonwealth, Department of Transportation, of Right of Way for State Route 0079, Section W10Commonwealth Court of Pennsylvania · 1999

2 more not listed; retrieve them via the Exa API.

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