Steen v. Pennsylvania Turnpike Commission

DISSENTING OPINION BY

Judge McCullough.

Because I believe that Terry L. Steen and Anita I. Steen (the Steens), as owners of an easement across property condemned by the Pennsylvania Turnpike Commission (Commission), are entitled to just compensation for the taking, I respectfully dissent.1

Article 1, Section 10 of the Pennsylvania Constitution provides that private property shall not “be taken or applied to public use, without authority of law and without just compensation being first made or secured.” Both our Pennsylvania Supreme Court and this Court have held that an easement is extinguished…