Gerg v. Township of Fox

OPINION BY

Judge LEADBETTER.. The Township of Fox appeals from an order of the Court of Common Pleas of the 59th Judicial District (Elk County Branch) determining that the Township effected a de facto condemnation of the Gergs’ property for a public right-of-way easement consisting of 6507.75 square feet. We consider here the effect of an order entered pursuant to Sections 502(c)(2) and (3) of the Eminent Domain Code (Code),1 which provide as follows:(c) Condemnation where no declaration of taking has been filed.—(2) The court shall determine whether a condemnation has occurred, and, if the…