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GODDARD v. PENNDOT, APPELLANT

No. 138 Misc. Docket.

25 Pa.Commw. 112 (1976)

Hazel Goddard v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

June 8, 1976.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Richard J. Audino, with him Rea and Audino, for appellee.

Argued May 3, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE ROGERS, June 8, 1976:

Section 702 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. § 1-702, provides that "[t]he condemnor shall, at the hearing before the viewers, present expert testimony of the amount of damages suffered by the condemnee."

The instant appellant, the Commonwealth, by its Department of Transportation (PennDOT...

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