Ogontz Avenue

Citations

• 225 Pa. 126
• 73 A. 1096
• 1909 Pa. LEXIS 618

Syllabus

<p>Road law — Municipalities — Eminent domain — Opening street — Damages — Non-abutting owner.</p> <p>1. An owner of land which does not abut on a newly opened street is not entitled to damages under the constitutional provision requiring compensation to be made for property taken, injured or destroyed, before there has been any physical change of grade on the ground or any actual injury to the property for which damages are claimed.</p> <p>2. Where damages are claimed for the opening, widening or change of grade of a street by an owner of land not abutting thereon the injury complained of must be proximate, immediate and substantial; and some right of property, or easement or privilege enjoyed by the owner, or access to his property must be interfered with.</p>