Szabo v. PennDOT

Appellees Steven and Mary Szabo, owned real property where they operate a hair salon and skin care business. The property abutted Route 19 and Old Washington Road, was improved with a parking lot and commercial structure. Appellant, the Pennsylvania Department of Transportation (PennDOT or Department) developed a road expansion plan to connect Route 19 with Old Washington Road by means of an exit ramp that would run across a section of the Szabos land, identified in the declaration of taking as Parcel 5. The Department attempted to purchase the property from the Szabos; however, the parties could not come to an agreement. The issue this case presented for the Pennsylvania Supreme Court's review was whether a failure to file preliminary objections to a declaration of taking resulted in waiver under Section 306 of the Eminent Domain Code, 26 Pa.C.S. sections 101-1106 (Code). After careful review, the Court held that the declaration did not establish the extent or effect of the taking. Accordingly, the failure to file preliminary objections within thirty days of service did not result in waiver of the right to assert ownership and seek just compensation, and therefore the Court affirmed the decision of the Commonwealth Court to remand the matter for an evidentiary hearing. View "Szabo v. PennDOT" on Justia Law