Legal Opinion
Pennsylvania Department of Transportation v. Montgomery Township
Commonwealth Court of Pennsylvania
Decided March 9, 1995PublishedCited by 5 opinions
1Opinion of the Court
FRIEDMAN, Judge.
Montgomery Township (Township) appeals from an order of the Court of Common Pleas of Montgomery County granting preliminary objections to a declaration of taking filed by the Pennsylvania Department of Transportation (DOT) pursuant to the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §§ 1-101-1-903. We affirm.
The declaration of taking involved condemnation of land in which Kasorex, a partnership, held a possibility of reverter by virtue of a stipulation and deed of dedication, dated August 29, 1986, which deeded the land to Montgomery…
2Cases cited10 opinions
- Hawaii Housing Authority v. MidkiffSupreme Court of the United States · 1984
- Conroy-Prugh Glass Co. v. CommonwealthSupreme Court of Pennsylvania · 1974
- Winger v. AiresSupreme Court of Pennsylvania · 1952
- Lance's AppealSupreme Court of Pennsylvania · 1867
- Pittsburgh School District Condemnation CaseSupreme Court of Pennsylvania · 1968
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nicoletti v. Allegheny County Airport AuthorityCommonwealth Court of Pennsylvania · 2004
- City of Palm Springs v. Living Desert ReserveCalifornia Court of Appeal · 1999
- In Re: Condemnation by Sunoco Pipeline L.P. of Permanent and Temporary Rights of Way and Easements ~ Appeal of: Andover HOA Inc.Commonwealth Court of Pennsylvania · 2017
- In Re: Condemnation of Easement and Right of Way Across lands of C.R. and T.L. Lauchle, by UGI Penn Natural Gas, Inc.Commonwealth Court of Pennsylvania · 2016
- In Re: Condemnation of Fee Simple Or Absolute Title Lands Owned By C.B. MottaCommonwealth Court of Pennsylvania · 2016