OPINION PER CURIAM, February 7, 1969:
Order affirmed.
CONCURRING OPINION BY MONTGOMERY, J.:
At first glance it appeared to me that Section 1105 of art. XI of The Second Class Township Code, Act of May 1, 1933, P.L. 103, 53 P.S. § 66105, was unconstitutional in that it accomplished the taking of private property for public use without compensation. If a public road used only to a width of less than 33 feet were conclusively presumed to have been...
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