Legal Opinion
Tracy v. Commonwealth
Commonwealth Court of Pennsylvania
Decided June 5, 1979No. Appeal, 1530 C.D. 1978PublishedCited by 11 opinions
1Opinion of the Court
Opinion by
Judge Wilkinson, Jr.,
This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation from .a dismissal of its Preliminary Objections to a Petition for Appointment of a Board of Viewers. Appellee is alleging a “de facto taking” under Section 612 of the Eminent Domain Code (Code), Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §1-612. The court below found sufficient evidence was presented by appellee to establish a “de facto taking.” We affirm.
Appellee has been the owner for approximately 22 years of a parcel of land in Fayette County situated…
2Cases cited7 opinions
- Hession Condemnation CaseSupreme Court of Pennsylvania · 1968
- Wolf v. Department of HighwaysSupreme Court of Pennsylvania · 1966
- McCrady CaseSupreme Court of Pennsylvania · 1960
- Commonwealth v. Nod's Inc.Commonwealth Court of Pennsylvania · 1974
- Brill v. CommonwealthCommonwealth Court of Pennsylvania · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Genter v. Blair County Convention and Sports Facilities AuthorityCommonwealth Court of Pennsylvania · 2002
- McCracken v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1982
- City of Philadelphia v. Sterling Metalware Co.Commonwealth Court of Pennsylvania · 1980
- In re Condemnation by the Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1985
- Sienkiewicz v. COM. DEPT. OF TRANSP.Supreme Court of Pennsylvania · 2005
6 more not listed; retrieve them via the Exa API.