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COMMONWEALTH APPEAL

429 Pa. 254 (1968)

Commonwealth Appeal.

Supreme Court of Pennsylvania.

March 15, 1968.

Attorney(s) appearing for the Case

George R. Specter, Assistant Attorney General, with him John R. Rezzolla, Jr., Chief Counsel, and William C. Sennett, Attorney General, for Commonwealth of Pennsylvania, Department of Highways, appellant.

Norman Snyder, with him Albert E. Smith, and Snyder & Snyder, for appellee.

Edmund B. Clark, with him S. Billingsley Hill, attorneys, Department of Justice, and Clyde O. Martz, Assistant Attorney General, of the Washington, D.C. Bar, for United States of America, amicus curiae.

Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, March 15, 1968:

We are required to determine on this appeal if damages are recoverable under the Eminent Domain Code when a condemnor has filed a declaration of taking, entered upon the property, commenced construction of the project causing injury to the subject property and thereafter the condemnation is declared invalid.

On May 11, 1965, the Commonwealth of Pennsylvania, acting through the Department of Highways, filed a declaration...

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