Legal Opinion
In re Condemnation by the Commonwealth Department of Transportation of Right of Way, for Legislative Route 1046, Section 2A R/W
Commonwealth Court of Pennsylvania
Decided March 13, 1992No. Nos. 1823 and 2064 C.D. 1990PublishedCited by 13 opinions
1Opinion of the Court
BARRY, Senior Judge.
The Department of Transportation (DOT) appeals from the final judgment of the Court of Common Pleas of Montgomery County in a condemnation case. The jury awarded condemnees $785,000 as just compensation. The trial judge then awarded delay damages and attorneys’ and appraiser’s fees totalling an additional $1,825,567.05, for a total judgment of $2,610,567.05.1
I. Procedural History
In 1965, condemnees2 acquired for development 37 acres (zoned for agricultural use) in Upper Providence Township, Montgomery County. The township’s 1971 comprehensive plan set forth the recommended…
2Cases cited13 opinions
- Hughes v. Com., Dept. of Transp.Supreme Court of Pennsylvania · 1987
- Benjamin & Fannie Kellman Trust Fund, Dart Supply, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1976
- Commonwealth v. Standard Investments Corp.Commonwealth Court of Pennsylvania · 1984
- Harborcreek Township v. RingCommonwealth Court of Pennsylvania · 1990
- In Re Condemnation of 30.60 Acres of LandCommonwealth Court of Pennsylvania · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Oberneder v. Link Computer Corp.Supreme Court of Pennsylvania · 1997
- In Re De Facto Condemnation & Taking of Lands of WBF AssociatesSupreme Court of Pennsylvania · 2006
- Lehigh-Northampton Airport Authority v. FullerCommonwealth Court of Pennsylvania · 2004
- Marx Stationery & Printing Co. v. Redevelopment Authority of PhiladelphiaCommonwealth Court of Pennsylvania · 1996
- Hagan v. East Pennsboro TownshipCommonwealth Court of Pennsylvania · 1998
8 more not listed; retrieve them via the Exa API.