Commonwealth v. Herold

Opinion by

Judge Mencer,

In this eminent domain case the Commonwealth of Pennsylvania (Commonwealth) appeals the denial by the Court of Common Pleas of Butler County of its motion for a new trial.

On March 23, 1973, the Commonwealth filed a declaration of taking by which it acquired the perpetual right, power, privilege, and easement to overflow, flood, and submerge occasionally 14.2 acres of land owned by Lawrence E. Herold and June Herold, his wife (condemnees). The condemnees did not file preliminary objections to the taking, and the Commonwealth then filed a petition for the appointment of…