Legal Opinion
Vecchione v. Township of Cheltenham
Commonwealth Court of Pennsylvania
Decided June 7, 1974No. Appeal, No. 136 C.D. 1973PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
Judge Mencer,
This condemnation case raises an intriguing question of first impression. Does the failure of the Pennsylvania Eminent Domain Code1 to provide for a hearing prior to the filing of a declaration of taking, which results in the passing of the title in the property condemned to the condemnor, violate the due process clause of the United States and Pennsylvania Constitutions?
The factual and procedural background that frames this question can be briefly stated. Land consisting of 8.677 acres owned by Salvatore and Andrew Vecchione (condemnees) as tenants in common became the…
2Cases cited10 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Fuentes v. ShevinSupreme Court of the United States · 1972
- City of Oakland v. United StatesCourt of Appeals for the Ninth Circuit · 1942
- Morris v. Mount Lebanon Township School DistrictSupreme Court of Pennsylvania · 1958
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pidstawski v. South Whitehall TownshipCommonwealth Court of Pennsylvania · 1977
- Whittaker v. County of LawrenceDistrict Court, W.D. Pennsylvania · 2009
- A Condemnation Proceeding in Rem by Hatfield TownshipCommonwealth Court of Pennsylvania · 1977
- A Condemnation Proceeding in Rem by Hatfield TownshipCommonwealth Court of Pennsylvania · 1977
- Mowery v. Township of Warrington, Pennsylvania Court of Common Pleas, York County1990