Romberger v. Commonwealth

Kreider, J.,

Question Involved

Where an owner, at his own expense, lays out grass plots and sidewalks on his land adjacent to a public *369road and the sidewalks are used by the owner and the public jointly for more than 21 years, may. the Commonwealth appropriate the grass plots and the sidewalks and make them a part of the roadway to be used for vehicular traffic, without compensating the owner of the land?

Discussion

The Commonwealth’s contention is that in improving and widening West Main Street it did not “take” any private property owned by plaintiffs. This contention is based on the…