Interstate Cemetery Co. Appeal

Opinion by

Mr. Justice Eagen,

This condemnation case presents an interesting question of first impression in the appellate courts of Pennsylvania.

The facts were stipulated below and may be summarized as follows :1

The appellant, the Interstate Cemetery Company, has owned and operated a cemetery at the same location in Lower Chichester Township, Delaware County, since the year 1904. In 1965, the cemetery consisted of approximately 230 acres of land, all of which had been divided, laid out and plotted into graves and lots.

In May 1965, the Commonwealth of Pennsylvania, through its highway…