In Re: The Condemnation by the County of Allegheny
861 A.2d 387 (Pa. Cmwlth. 2004)
The District Court overruled a landowner’s preliminary objection to the condemnation of his property. The landowner argued that the county did not adequately describe the property it was condemning because the effect of the condemnation would result in rendering the remainder of the property valueless. The county described 1,856 square feet of a 22,051 square foot property for a right of way in the Declaration of Taking. The Court did not address the issue of whether or not the condemnation of the small portion of the property would result in a condemnation of the remainder of the property because it held that the landowner was proceeding with that argument through an incorrect procedure.
The Commonwealth Court affirmed the overruling of the landowner’s preliminary objection on the basis that the landowner was objecting to the amount of compensation and not the actual condemnation itself. The Court held that the proper procedure to determine the correct amount of compensation was by a board of viewers pursuant to section 503 of the Eminent Domain Code, 26 P.S. §1-502.
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