Franklin Street

Citations

• 14 Pa. Super. 403
• 1900 Pa. Super. LEXIS 60

Syllabus

<p>Road law — Widening street — Discontinuance—Measure -of damages.</p> <p>Proceedings relative to the widening of a street in the city of Philadelphia may be abandoned by the city after the appointment of viewers and the filing of a bond by the city and notice given to property owners to remove buildings, etc., allowance being made to the abutting property owners for all actual losses and expenses incident to the proceedings taken by the city.</p> <p>A notice to property owners to remove buildings within ten days is not such act of dominion over the property as amounted to a taking.</p> <p>As the repeal of the ordinance for widening the street left the property owner in the same situation he was in before it was passed, it follows that the revocation of the action by the board of surveys in designating the street on the city plan as of the width proposed by the widening ordinance, is not an equitable condition precedent to the right of the city to be relieved from liability as for an absolute and permanent taking, appropriation and occupancy of the land for street purposes.</p>