Rental of Condemned Property

Allen Miles Ruben, Deputy Attorney General, and David Stahl, Attorney General,

*685You have asked our opinion whether the Commonwealth is entitled to collect rent on properties which have been condemned for highway purposes. In the event that our answer is in the affirmative, you further request advice whether your department has any responsibility for the management of the properties and the collection of income therefrom.

Under the eminent domain provisions of the present Highway Code, land is taken and title passes to the Commonwealth when the right-of-way plans are approved by the Secretary of…