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PETERS v. COM., DEPT. OF FORESTS, ETC.

465 Pa. 372 (1976)

350 A.2d 812

Joseph J. PETERS and Marie H. Peters et al., Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF FORESTS AND WATERS, Appellees.

Supreme Court of Pennsylvania.

Decided January 29, 1976.

Attorney(s) appearing for the Case

Thomas M. Garrity, Wisler, Pearlstine, Talone, Craig & Garrity, Norristown, Burton Spear, Renninger, Spear & Kupits, Doylestown, for appellants.

Francis J. Tarquini, Mabel Ditter Sellers, Ambler, for appellees.

Before JONES, C.J., and O'BRIEN, POMEROY and MANDERINO, JJ.

OPINION

POMEROY, Justice.

We here consider a challenge to the legality of condemnation by the Commonwealth of Pennsylvania for state park purposes of farm property owned by the appellants.

On December 30, 1970, as part of the land acquisition plan for the Evansburg State Park Project in Montgomery County, the Department of Forests and Waters1 (Department), on behalf of the Commonwealth, filed a Declaration of Taking condemning...

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