Legal Opinion
In re Condemnation by the Commonwealth of Pennsylvania
Commonwealth Court of Pennsylvania
Decided July 7, 1986No. Appeal, No. 3771 C. D. 1984PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
Senior Judge Kalish,
William W. Saul (Condemnee) appeals a decision of the Court of Common Pleas of Westmoreland County which confirmed a Board of Viewers report, and which decision limited the scope of the Condemnees appeal to that contemplated by the declaration of taking filed by the Commonwealth of Pennsylvania, Department of *529Transportation (DOT). We vacate, and remand to the trial court for damages, if any, to be fixed in connection with the Condemnees de facto taking.
Condemnee had a leasehold interest in a tract of ground at the intersection of U.S. Route 22 and Township Road…
2Cases cited14 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Faranda AppealSupreme Court of Pennsylvania · 1966
- First Pennsylvania Bank, N.A. v. Lancaster County Tax Claim BureauSupreme Court of Pennsylvania · 1983
- Rawls v. Central Bucks Joint School Building AuthorityCommonwealth Court of Pennsylvania · 1973
- Avery v. Commonwealth of PennsylvaniaCommonwealth Court of Pennsylvania · 1971
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3Cited by5 opinions
- Curry v. Commonwealth Ex Rel. Department of General ServicesCommonwealth Court of Pennsylvania · 1998
- In Re the Condemnation by the County of Allegheny, of a Certain Parcel of Land, in the Township of RobinsonCommonwealth Court of Pennsylvania · 2004
- Szabo, S. v. PennDOT, Aplt.Supreme Court of Pennsylvania · 2019
- Lang v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2011
- Szabo, S. v. PennDOT, Aplt.Supreme Court of Pennsylvania · 2019