In re Condemnation of Rights of Way v. North Huntingdon Township Municipal Authority

Opinion by

Judge Wilkinson, Jr.,

The facts in this appeal1 are not in dispute. On August 13, 1976, pursuant to an earlier authorizing resolution, North Huntingdon Township Municipal Authority (Authority) filed a declaration of taking which condemned certain rights of way and easements on property belonging to appellants and others for the construction of a sanitary sewer system.

Sometime after the completion of construction the Authority discovered that some of the facilities installed had not been placed as indicated on the original right of way maps accompanying the declaration of taking. The…