Legal Opinion

In Re Condemnation by the Commonwealth

Commonwealth Court of Pennsylvania

Decided June 16, 1976No. Appeal, 1341 C.D. 1974PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

President Judge Bowman,

In this eminent domain case, invocation by the parties of the Act of April 22, 1874, P.L. 109, as amended, 12 P.S. §688 et seq., dispensing with trial by jury on appeal to the court below from an award of viewers has generated the issues raised in this appeal.

The Pennsylvania Department of Transportation (PennDOT) by declaration of taking condemned for road improvement purposes 5.31 acres of an 885 acre tract of land owned by the estate of Stanley Croop (appellee) situate in Hunlock Township, Luzerne County. A board of viewers had awarded appellee $227,503.73…

2Cases cited5 opinions

  1. Nixon v. NixonSupreme Court of Pennsylvania · 1938
  2. Kassab v. SoyaSupreme Court of Pennsylvania · 1968
  3. Singer v. Oil City Redevelopment AuthoritySupreme Court of Pennsylvania · 1970
  4. Commonwealth v. AmbrosiaCommonwealth Court of Pennsylvania · 1976
  5. Iannotta v. Philadelphia Transportation Co.Commonwealth Court of Pennsylvania · 1973

3Cited by7 opinions

  1. Biernacki v. Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1977
  2. Gibson v. MillerSuperior Court of Pennsylvania · 1979
  3. Commonwealth, Department of Transportation v. HessCommonwealth Court of Pennsylvania · 1980
  4. Estate of Croop v. CommonwealthCommonwealth Court of Pennsylvania · 1978
  5. Boro. of Jefferson v. BRACCO ET UX.Commonwealth Court of Pennsylvania · 1988

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