Legal Opinion

In re Condemnation by the Commonwealth

Commonwealth Court of Pennsylvania

Decided July 25, 1977No. Appeal, No. 1403 C.D. 1976PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Judge Wilkinson, Jr.,

The difficult issues presented in this appeal arise from an order of the Tioga County Court of Common *277Pleas sustaining preliminary objections to a declaration of taking filed by appellant. The subject of this appeal is a legislative route approximately 2.7 miles long, a narrow, unpaved by-pass located within a canyon of unusual scenic beauty and travelled primarily by those seeking to enjoy the natural, unspoiled surroundings. Appellant asserts that its plan to repair and replace several small, one-lane bridges along the route and relocate the stream channel…

2Cases cited8 opinions

  1. Payne v. KassabCommonwealth Court of Pennsylvania · 1973
  2. Faranda AppealSupreme Court of Pennsylvania · 1966
  3. Simco Stores v. Redevelopment AuthoritySupreme Court of Pennsylvania · 1974
  4. Snelling v. Department of TransportationCommonwealth Court of Pennsylvania · 1976
  5. Bruhin v. CommonwealthCommonwealth Court of Pennsylvania · 1974

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P.Commonwealth Court of Pennsylvania · 2018
  2. In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDOTCommonwealth Court of Pennsylvania · 2018
  3. Burnier v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1992
  4. In re Condemnation by the CommonwealthCommonwealth Court of Pennsylvania · 1989
  5. White v. Pennsylvania Department of TransportationCommonwealth Court of Pennsylvania · 1999

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