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IN RE CONDEMNATION OF COMMONWEALTH, DEPT. OF TRANS.

No. 2493 C.D. 1984.

93 Pa.Commw. 403 (1985)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 52, Section 19 R/W, and Legislative Route 1101, Section F09, a Limited Access Highway Located in the Townships of Cambria and Munster — Property of: Christ Contakos and Irene Contakos, husband and wife. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

December 10, 1985.

Attorney(s) appearing for the Case

Christine M. Santone, Assistant Counsel, with her, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Richard J. Green, Jr., for appellees.

Argued October 7, 1985, before Judges ROGERS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, December 10, 1985:

The appellees, Christ and Irene Contakos, were the owners of 33.759 acres of vacant ground. The appellant, Department of Transportation (DOT), condemned a part of the appellees' land, leaving a remainder of 13.149 acres. Prior to the taking, the property had 200 feet of access directly onto U.S. Route 22. After the taking, the remainder had access by means of a newly constructed road which is substantially more restrictive...

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