Pane v. Department of Highways

Opinion by

Mr. Justice Jones,

This appeal presents an interesting question: is the Commonwealth of Pennsylvania, in the absence of an actual “taking” of property, liable for consequential damages where a plan for the widening and change of grade of a highway was duly filed prior to the passage of the Eminent Domain Code of 1964 1 (the Code), but where the actual widening of said highway and the change of grade, — as the result of which a property abutting the highway sustained damages — was not undertaken until after the effective date of the Code?

Eor approximately 18 years, Philip Pane and…