Upper Montgomery Joint Authority v. Yerk

Opinion by.Judge Barbieri,

This eminent domain case comes before this Court on appeal from an order by the Common Pleas Court of Montgomery County, dismissing New Matter and the defense of the Statute of Limitations raised therein by Upper Montgomery Joint Authority (Condemnor) to a Petition for Appointment of a Jury of View filed by Lawrence I. Yerk (Condemnee).

Condemnor effected the taking of the Condemnee’s land by the filing of condemnation indemnity bonds on October 27, 1960 and January 4, 1961. The filing of the bonds effected the taking under the Statute then in effect which provided…