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DEPT. OF TRANSPORTATION v. CASTILLO ET UX.

No. 1411 C.D. 1973.

14 Pa.Commw. 22 (1974)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Charles E. Castillo and Patricia A. Castillo, Appellees.

Commonwealth Court of Pennsylvania.

June 26, 1974.

Attorney(s) appearing for the Case

William D. Miller, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Jon A. Yost, with him James B. Pannebaker and Pannebaker and Yost, for appellees.

Argued June 4, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, June 26, 1974:

Appellees filed a petition for appointment of viewers in the Court of Common Pleas of Dauphin County, alleging a de facto taking under the provisions of Section 502(e) of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, 26 P.S. § 1-502(e), which provides: "If there has been a compensable injury suffered and no declaration of taking therefor has been filed, a condemnee may file a petition for the...

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