Whittaker v. Commonwealth

Opinion by

Judge Mencer,

In July 1965, Richard E. Whittaker and Carolyn G. Whittaker (condemnees) acquired a 109-acre tract of land in Neshannock Township, Lawrence County, Pennsylvania. The easterly portion of the tract, consisting of approximately 34 acres, was a level plateau and was zoned for residential use. The westerly portion of the tract, comprising approximately 75 acres, was zoned industrial and steeply descended to the Shenango River.

On October 22, 1969, the Commonwealth of Pennsylvania filed a declaration of taking, involving slightly in excess of 14 acres, for highway purposes,…