Yudacufski v. Commonwealth, Department of Transportation

OPINION OF THE COURT

McDERMOTT, Justice.

This is an appeal from the order of the Commonwealth Court,1 which affirmed the decision .of the Court of Common Pleas of Schuylkill County, denying the motion of appellant, *607Herman Yudacufski, for a new trial in an eminent domain proceeding.2

In 1964, 88.7 acres of appellant’s 790.67 acre tract were condemned by appellee, the Pennsylvania Department of Transportation (“Department”), for construction of Interstate-81 and the relocation of a pre-existing public road which traversed Interstate-81. Appellant’s acreage contained a coal processing plant with…