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ESTATE OF ROCHEZ BY GOSLIN

126 Pa.Commw. 59 (1989)

558 A.2d 605

In re Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1021, Section 1B, a Limited Access Highway, in the City of Pittsburgh. ESTATE OF Julia F. ROCHEZ, Deceased, By Edward GOSLIN et al. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Commonwealth Court of Pennsylvania.

Decided May 17, 1989.

Reargument Granted July 26, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, John L. Heaton, Asst. Counsel, Pittsburgh, for appellant.

Thomas J. Dempsey, Pittsburgh, for appellee.

Before DOYLE and COLINS, JJ., and KALISH, Senior Judge.

KALISH, Senior Judge.

The Pennsylvania Department of Transportation (DOT) filed a declaration of taking to acquire a fee simple estate in fifty percent of the property of the Estate of Julia F. Rochez (condemnee), for the construction of a limited access highway. The condemnee filed a number of preliminary objections, including, inter alia, that the taking was excessive. In an order dated August 6, 1985, the...

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