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IN RE RIGHT OF WAY FOR STATE ROUTE 79

798 A.2d 725 (2002)

In re CONDEMNATION BY the COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 79, SECTION W10, a Limited Access Highway, in the Township of Cecil. Appeal of Commonwealth of Pennsylvania, Department of Transportation.

Supreme Court of Pennsylvania.

Decided June 17, 2002.

Attorney(s) appearing for the Case

Walter F. Cameron, Pittsburgh, for Dept. of Transp., appellant.

W. Patrick Boyer, Washington, for Dennis Sluciak, appellee.

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

OPINION

Justice CAPPY.*

In April of 1993, pursuant to the power of condemnation granted in the Eminent Domain Code, 26 P.S. § 1-101 et seq. (the "Code"), the Appellant, the Commonwealth of Pennsylvania, Department of Transportation (the "Department"), filed a declaration of partial taking for property owned by the Appellee, Dennis Sluciak. In this appeal, we...

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