Legal Opinion
In Re Opening a Private Road for the Benefit of O'Reilly
Supreme Court of Pennsylvania
Decided September 30, 2010No. 10 WAP 2009PublishedCited by 40 opinions
1Opinion of the Court
OPINION
Justice SAYLOR.
In this appeal, we review the Commonwealth Court’s determination that the Pennsylvania Private Road Act does not effect an unconstitutional taking of private property.
Under the law commonly known as the Private Road Act,1 the owner of a landlocked property is permitted to petition the court of common pleas for the appointment of a board of viewers to evaluate the necessity of a private road to connect such property with the nearest public thoroughfare or private way leading to a public thoroughfare. See 36 P.S. § 2731. Upon a finding of necessity, the board will lay out…
2Cases cited32 opinions
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Kelo v. City of New LondonSupreme Court of the United States · 2005
- White's AppealSupreme Court of Pennsylvania · 1926
- Balent v. City of Wilkes-BarreSupreme Court of Pennsylvania · 1995
- Sadler v. LanghamSupreme Court of Alabama · 1859
27 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Robinson Township v. CommonwealthSupreme Court of Pennsylvania · 2013
- Robinson Township v. CommonwealthSupreme Court of Pennsylvania · 2016
- In Re: Condemnation by Sunoco Pipeline, L.P. of Permanent and Temporary Rights of Way for the Transportation of Ethane, Propane, Liquid Petroleum Gas, and other Petroleum Products in the Twp. of North Middleton, Cumberland County, PA ~ Appeal of: R.S. MartinCommonwealth Court of Pennsylvania · 2016
- Robinson Township v. CommonwealthCommonwealth Court of Pennsylvania · 2012
- In re Private Road in Speers Boro, IISupreme Court of Pennsylvania · 2011
35 more not listed; retrieve them via the Exa API.