EMINENT DOMAIN - PENNSYLVANIA

PBS Coals, Inc. v. Department of Transportation

Supreme Court of Pennsylvania - January 20, 2021 - 244 A.3d 386

Coal companies brought action against Pennsylvania Department of Transportation (DOT), alleging that condemnation of property deprived companies of access to coal estate.

After a hearing, the Court of Common Pleas ruled that a de facto taking had not occurred and sustained Department’s preliminary objections to companies’ petition for appointment of a board of viewers. Companies appealed. The Commonwealth Court reversed and remanded. DOT petitioned for review.

The Supreme Court held that:



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