MOTT v. COM. of HWYS.


417 Pa. 426 (1965)

Mott v. Commonwealth of Pennsylvania, Department of Highways, Appellant.

Supreme Court of Pennsylvania.

March 16, 1965.


Attorney(s) appearing for the Case

Edward D. Werblun, Assistant Attorney General, with him Michael R. Deckman, Assistant Attorney General, John R. Rezzolla, Jr., Chief Counsel, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

John Alan Conte, with him Conte & Courtney, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE O'BRIEN, March 16, 1965:

On June 22, 1960, the Commonwealth, in the exercise of its power of eminent domain, condemned certain land belonging to the plaintiff-appellee.

Appellee's property is between a State Highway and a creek, and contained an area of 1.27 acres before taking. The property has a frontage of approximately 200 feet on the highway, and had a depth of 105 feet. The Commonwealth took 23 feet in depth along the 200 foot...

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