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Legal Opinion

In re Condemnation by the Pennsylvania Turnpike Commission of 25.806 Acres in Fee Simple, in New Beaver Borough

Commonwealth Court of Pennsylvania

Decided January 7, 1999Published

1Opinion of the Court

FRIEDMAN, Judge.

In this eminent domain case, we are asked to consider the impact of a State Mining Commission proceeding, in which the parties reached a settlement regarding the value of a condemned property’s support estate,1 upon the subsequent distribution of estimated just compensation connected to the taking of that property.

This ease originated on March 29, 1990, when the Pennsylvania Turnpike Commission (Turnpike Commission) filed a Declaration of Taking to acquire 25.806 acres of land needed for the construction of the Beaver Valley Expressway. Roy D. Edwards and his wife Helen R.…

2Cases cited7 opinions

  1. United States v. ReynoldsSupreme Court of the United States · 1970
  2. Williams v. Department of HighwaysSupreme Court of Pennsylvania · 1966
  3. Denes v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1997
  4. Captline v. County of AlleghenyCommonwealth Court of Pennsylvania · 1995
  5. Township of Chester v. Commonwealth, Department of TransportationSupreme Court of Pennsylvania · 1981

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