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IN RE CONDEMNATION ROUTE 58018

No. 1403 C.D. 1976.

31 Pa.Commw. 275 (1977)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way, for Legislative Route 58018, Section 002, R/W in Delmar Township. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

July 25, 1977.

Attorney(s) appearing for the Case

James J. Kutz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellants.

Robert F. Cox, Sr., with him Cox, Wilcox, Owlett & Lewis, for appellees.

Argued June 8, 1977, before President Judge BOWMAN and Judges CRUMISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, JR., July 25, 1977:

The difficult issues presented in this appeal arise from an order of the Tioga County Court of Common Pleas sustaining preliminary objections to a declaration of taking filed by appellant. The subject of this appeal is a legislative route approximately 2.7 miles long, a narrow, unpaved by-pass located within a canyon of unusual scenic beauty and travelled primarily...

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