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Commonwealth of Pa. Dep’t of Transp. v. Bennett Family Prop., LLC

Pennsylvania Commonwealth Court

May 10, 2021

In Commonwealth of Pa. Dep’t of Transp. v. Bennett Family Prop., LLC (In re Condemnation by the Commonwealth of Pa. Dep’t of Transp. of Right-of-Way of State Route 0443, Section 02S, in the Twp. of Mahoning), the Pennsylvania Commonwealth Court affirmed an order that overruled preliminary objections in a condemnation action. The property owners claimed that the trial court erred in precluding certain evidence that would have illustrated the property’s highest and best use. The Commonwealth Court reasoned that evidence of a property’s highest and best use is not generally relevant in a condemnation proceeding’s preliminary objection stage.

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