South Twelfth Street
Supreme Court of Pennsylvania
Appeal, No. 356, Jan. T., 1906, by City of Allentown, from judgment of C. P. Lehigh Co., Jan. Term, 1906, No. 67, on verdict for plaintiffs In re Opening of South Twelfth Street from Walnut Street to Union Street in the City of Allentown. Appeal from award of jury of view.
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Appeal, No. 356, Jan. T., 1906, by City of Allentown, from judgment of C. P. Lehigh Co., Jan. Term, 1906, No. 67, on verdict for plaintiffs In re Opening of South Twelfth Street from Walnut Street to Union Street in the City of Allentown. Appeal from award of jury of view. Before Trexler, P. J. At the trial the defendant presented the following points: 1. In estimating the damages to which the plaintiffs are entitled, the jury shall consider the value of the plaintiff’s ground before the taking and the value of the remainder after the taking and the difference, if the damages are greater than…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The right of the individual to compensation for land subjected by municipal authority to public use can only arise when the land has been taken. Until this occurs the owner has not been disturbed in his possession, and is consequently without injury. The plotting of a street through the land of a private owner is not a taking of the land ; it is simply the expression of a purpose to take it when occasion for the opening of the projected street arises. In this instance an interval of nearly forty years occurred between the plotting and the opening of the street.…
2Cases cited1 opinion
- Gamble v. PhiladelphiaSupreme Court of Pennsylvania · 1894
3Cited by16 opinions
- Foster v. City of Detroit, MichiganDistrict Court, E.D. Michigan · 1966
- Philadelphia ParkwaySupreme Court of Pennsylvania · 1915
- State v. HollisArizona Supreme Court · 1963
- Caplan's AppealSupreme Court of Pennsylvania · 1928
- Herrington's PetitionSupreme Court of Pennsylvania · 1920
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