IN RE COM., DEPT. OF TRANSP.


511 Pa. 620 (1986)

515 A.2d 899

In re Condemnation by the COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, of Right-of-Way for Legislative Route 1021, Section IB, A Limited Access Highway in the City of Pittsburgh. ESTATE OF Julia F. ROCHEZ, Deceased, by Edward Goslin, Thomas Goslin, and Mary Grace DiGiorgi as Co-Executors, and Edward Goslin, Thomas Goslin and Mary Grace DiGiorgi, In Their Own Right. Appeals of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Supreme Court of Pennsylvania.

Decided October 3, 1986.

Order December 5, 1986.


Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Asst. Counsel, Com. of Pa., Dept. of Transp., Pittsburgh, for appellant.

Thomas J. Dempsey, Pittsburgh, Leroy S. Zimmerman, Atty. Gen., Harrisburg, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.


OPINION

NIX, Chief Justice.

In this matter we are called upon to determine whether the title to section 3 of the Act of December 7, 1979, P.L. 478, No. 1979-100 ("Act 1979-100"), 71 P.S. § 513(e), violates Article III, Section 3 of the Pennsylvania Constitution. On April 25, 1984, the Commonwealth of Pennsylvania, Department of Transportation ("Commonwealth") filed a Declaration of Taking in the Court of Common Pleas of Allegheny County to acquire a...

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