Weidenbaugh v. Sheffey

Concueeing Opinion by

Montgomeey, J.:

At first glance it appeared to me that Section 1105 of art. XI of The Second Class Township Code, Act of May 1, 1933, P. L. 103, 53 P.S. §66105, was unconstitutional in that it accomplished the taking of private property for public use without compensation. If a public road used only to a width of less than 33 feet were conclusively presumed to have been dedicated to that wider dimension, with no evidence to support that fact, it would seem that the additional width would be over private property.

However, I concur in the order of affirmance which recognizes…