Palm Corp. v. Commonwealth, Department of Transportation

NARICK, Senior Judge.

Department of Transportation (DOT) appeals from the order of the Court of Common Pleas of Luzerne County that denied its preliminary objections to the petition for an appointment of a board of viewers filed by the Palm Corporation. We reverse.

In 1942, DOT condemned an eighty-foot wide strip over a railroad track for the purpose of erecting a bridge which became part of Route 309.1 (1942 condemnation) The 1942 condemnation included only the land on which the bridge supports were placed and an easement over the railroad bed and did not make the right of way limited access.2

I…