Cowell v. Commonwealth

Opinion by

Judge Wilkinson,

This case arose out of a Declaration of Taking filed September 1, 1970, condemning a portion of appellant’s property. Preliminary objections were filed pursuant to Section 406 of the Eminent Domain Code, Act of June 22, 1964, Special Session, P. L. 84, Art. IV, 26 P.S. §1-406. After hearing the preliminary objections were dismissed and this appeal was taken.

Appellant’s property is situated on the north side of Eoute 5 in Erie County. A drainage ditch or channel arising on the south side of Eoute 5 carries water through a pipe beneath the highway to the north side and…