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BROWN & VAUGHN DEV. CO. v. COM.

393 Pa. 589 (1958)

Brown & Vaughn Development Company v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

July 25, 1958.

Attorney(s) appearing for the Case

Leonard M. Mendelson, Assistant Attorney General, with him Frank E. Roda, Assistant Attorney General, John R. Rezzolla, Jr., Chief Counsel, Department of Highways, and Thomas D. McBride, Attorney General, for appellant.

Henry E. Rea, Jr., with him Paul W. Brandt, and Brandt, Riester, Brandt & Malone, for appellee.

Before JONES, C.J., BELL, MUSMANNO, ARNOLD and JONES, JJ.

OPINION BY MR. JUSTICE MUSMANNO, July 25, 1958:

The power of eminent domain is one of the most awesome as well as arbitrary rights of government. By it the State may take a citizen's property, whether or not he approves of the taking. However, the citizen has a right equally as awesome and that is, his government must pay him the value of the property taken. What represents that value sometimes develops into a legal controversy. It has so developed here.

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