Legal Opinion
In re Condemnation by the Commonwealth
Commonwealth Court of Pennsylvania
Decided March 21, 1989No. Appeal No. 396 C.D. 1988PublishedCited by 7 opinions
1Opinion of the Court
Opinion by
Judge Doyle,
Before us for consideration is the appeal of Donald and Mary Ann Gaster (the Gasters) from an order of the Court of Common Pleas of Delaware County which dismissed the Gasters’ preliminary objections to a declaration of taking filed by the Commonwealth of Pennsylvania, Department of Transportation (Department). We affirm.
The genesis of this case was the Department’s October 13, 1987 filing of a notice of condemnation and declaration of taking pursuant to Section 402 of the Emi*316nent Domain Code1 (Code), 26 P.S. §1-402, which condemned 5.2285 acres of land owned by the…
2Cases cited13 opinions
- Commonwealth v. National Gettysburg Battlefield Tower, Inc.Supreme Court of Pennsylvania · 1973
- Community College v. FoxCommonwealth Court of Pennsylvania · 1975
- Pittsburgh School District Condemnation CaseSupreme Court of Pennsylvania · 1968
- Commonwealth v. National Gettysburg Battlefield Tower, Inc.Commonwealth Court of Pennsylvania · 1973
- Simco Stores v. Redevelopment AuthoritySupreme Court of Pennsylvania · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re Condemnation of Real Estate by the Borough of AshlandCommonwealth Court of Pennsylvania · 2004
- In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDOTCommonwealth Court of Pennsylvania · 2018
- Bucks County Water & Sewer Authority v. Approximately 9.180+ Sq. Ft. of Land Taken as EasementCommonwealth Court of Pennsylvania · 1992
- In Re Condemnation of Property Situate in Perry TownshipCommonwealth Court of Pennsylvania · 2007
- Mitton v. Wisconsin Department of TransportationCourt of Appeals of Wisconsin · 1993
2 more not listed; retrieve them via the Exa API.