Zufall v. Department of Environmental Resources

OPINION

BARRY, Senior Judge.

Clinton Baker and his wife, Dorothy Baker and James Zufall and his wife, Grace Zufall (petitioners) have petitioned this Court for review of an order of the Commonwealth’s Board of Property (Board) which held that the Commonwealth of Pennsylvania is the rightful owner of oil and gas rights, the subject of this litigation. We vacate and remand.

The petitioners were the owners of a 206.5 acre tract of land in Somerset County in 1968 when the Commonwealth filed a declaration of taking which condemned the tract. The declaration of taking contained the following provision: