Bucks County Water & Sewer Authority v. Approximately 9.180+ Sq. Ft. of Land Taken as Easement

SMITH, Judge.

Robert L. Rawlings and Carol Rawlings, husband and wife, appeal from the July 1, 1991 order of the Court of Common Pleas of Bucks County which granted a motion for post-trial relief filed by the Bucks County Water and Sewer Authority (Authority) and ordered a new trial to determine compensation for the land the Authority took pursuant to its declaration of taking. The issues to be decided by this Court are whether in an eminent domain proceeding a landowner may seek compensation for a de facto taking resulting from an independent contractor’s negligent deviation from the sewer…