Avery v. Commonwealth of Pennsylvania

Opinion by

Judge Crummstt, Jr.,

This is an appeal from the order of the Court of Common Pleas of Bradford County, dismissing the preliminary objections of the appellants to the eminent domain declarations of taking by the Department of Forests and Waters for a State Park under Project 70, 72 P.S. §3946. The court below joined the three for hearing and argument. We affirm.

Appellants, aside from asserting procedural irregularities with which we will deal later, have raised two questions concerning the power of the Department to condemn this land. First, they contend that the Act of May 20, 1921,…