Legal Opinion

In re Condemnation by the Commonwealth

Commonwealth Court of Pennsylvania

Decided August 29, 1990No. Nos. 2420 C.D. 1989 and 175 C.D. 1990PublishedCited by 7 opinions

1Opinion of the Court

McGINLEY, Judge.

The Department of Transportation (DOT) and the Philadelphia Electric Company (PECO) appeal from an order of the Court of Common Pleas of Montgomery County (common pleas court) confirming and modifying the report of the Board of View awarding PECO $2,216,800.00 in general damages and $507,570.00 in moving expenses as a result of a taking by DOT for the purpose of highway construction. We reverse.

On August 21, 1972, DOT filed a declaration of taking for 15.2 of 141.8 acres owned by PECO along Ridge Pike and *103Chemical Road in Plymouth Township, Montgomery County for construction…

2Cases cited8 opinions

  1. Nantahala Power & Light Co. v. MossSupreme Court of North Carolina · 1941
  2. REDEVELOP. AUTH. OF OIL CITY v. WoodringSupreme Court of Pennsylvania · 1982
  3. Benjamin & Fannie Kellman Trust Fund, Dart Supply, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1976
  4. Frontage, Inc. v. Allegheny CountySupreme Court of Pennsylvania · 1960
  5. A Condemnation Proceeding in Rem by Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1979

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. In Re Condemnation by the Commonwealth, Department of Transportation, of Right of Way for State Route 79, Section W10Supreme Court of Pennsylvania · 2002
  2. In re Condemnation by CommonwealthSupreme Court of Pennsylvania · 2002
  3. Guttha v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2005
  4. In re Condemnation by the Commonwealth, Department of Transportation, of Right of Way for State Route 0079, Section W10Commonwealth Court of Pennsylvania · 1999
  5. Amoco Oil Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1993

2 more not listed; retrieve them via the Exa API.

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