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IN RE CONDEMNATION BY PA. TURNPIKE COM'N

548 Pa. 433 (1997)

698 A.2d 39

In re CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF 14.38 ACRES IN FEE SIMPLE, IN NORTH BEAVER TOWNSHIP, LAWRENCE COUNTY, Commonwealth of Pennsylvania, for the Beaver Valley Expressway Project. Condemnees James C. Bright Virginia Bright and Douglas McKibben. Appeal of PENNSYLVANIA TURNPIKE COMMISSION.

Supreme Court of Pennsylvania.

Decided July 22, 1997.

Attorney(s) appearing for the Case

Samuel P. Kamin, Pittsburgh, Ann Marie Williams, for appellants Pennsylvania Turnpike Commission.

Daniel I. Herman, New Castle, for appellees James and Virginia Bright and Douglas McKibben.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION

NIGRO, Justice.

This appeal presents two issues related to damages for a governmental taking pursuant to the Eminent Domain Code, 26 Pa. Stat. §§ 1-101 — 1-903 (Supp.1997). The Pennsylvania Turnpike Commission challenges the Commonwealth Court's decision that it is the function of the jury, rather than the court, to determine whether a condemnee is entitled to damages under the Assembled...

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