In re Condemnation of Rights of Way & Easements Situate in the Borough of White Oak

Opinion by

Judge Craig,

The executor of 'the estate of a deceased landowner has appealed from an order of the Court of Common Pleas of Allegheny ¡County which dismissed a proceeding filed to contest actions of the Borough of White Oak taken in furtherance of the relocation of a portion of Rankin Road in that borough.

According to undisputed averments, the borough and its agents in June of 1981 had entered onto the land in question and chopped down and removed some eighteen trees. On March 2, 1982, the borough council adopted ¡a resolution ¡authorizing the filing of a declaration of taking for…