Brownfield v. Commonwealth

Opinion by

Judge Blatt,

This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation (PennDOT) from an order of the State Mining Commission (Commission) awarding damages to Lee F. Brownfield, Jr. for the taking of coal located underneath property owned by him in Fayette County.

Section 1 of the Act of June 1, 1933 (Act), P.L. 1409, as amended, 52 P.S. §1501 provides, inter alia, as follows:

“Whenever the Commonwealth has heretofore acquired or may hereafter acquire lands, easements or right of ways underlaid by mineable coal, the State Mining Commission created in…