Commonwealth v. Sgarlat

Supreme Court of Pennsylvania

Commonwealth v. Sgarlat

171 A.2d 775, 404 Pa. 225, 1961 Pa. LEXIS 563

CourtSupreme Court of Pennsylvania

DecidedJune 26, 1961

DocketAppeal, No. 282

StatusPublished

This text of 171 A.2d 775 (Commonwealth v. Sgarlat) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Sgarlat, 171 A.2d 775, 404 Pa. 225, 1961 Pa. LEXIS 563 (Pa. 1961).

Pincite

Opinion

pee Cueiam,

The appellant, Margretta Sgarlat, is the owner of improved land situated to the rear of land in which the Commonwealth enjoys the perpetual easement to use and occupy in carrying out a flood control program. The only access to the land in the rear is over a roadway presently running through the land in which the Commonwealth owns the easement in perpetuity.

This present action is quite clearly for the purpose of securing, at this time, record assurance that this access will continue or, in lieu thereof, that the appellant will be paid damages for the “taking” of the land in the rear by the denial of access thereto. However, access still exists and there is now no indication that such will be denied in the future. When, and if, access is no longer available, any rights to damages for loss of property the appellant may have can be adjudicated in appropriate proceedings.

Order affirmed.

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Opinion

pee Cueiam,

The appellant, Margretta Sgarlat, is the owner of improved land situated to the rear of land in which the Commonwealth enjoys the perpetual easement to use and occupy in carrying out a flood control program. The only access to the land in the rear is over a roadway presently running through the land in which the Commonwealth owns the easement in perpetuity.

This present action is quite clearly for the purpose of securing, at this time, record assurance that this access will continue or, in lieu thereof, that the appellant will be paid damages for the “taking” of the land in the rear by the denial of access thereto. However, access still exists and there is now no indication that such will be denied in the future. When, and if, access is no longer available, any rights to damages for loss of property the appellant may have can be adjudicated in appropriate proceedings.

Order affirmed.

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Bluebook (online)

171 A.2d 775, 404 Pa. 225, 1961 Pa. LEXIS 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-sgarlat-pa-1961.