South Twelfth Street

Citations

• 217 Pa. 362
• 66 A. 568
• 1907 Pa. LEXIS 718

Syllabus

<p>Road law — Damages—When the right to damages accrues — Plotting a street — Opening a street.</p> <p>The right of the individual to compensation for land subjected by municipal authority to public use, can only arise when the land has been taken. Until this occurs the owner has not been disturbed in his possession, and is consequently without injury. The plotting of a street through the land of a private owner is not a taking of the land; it is simply the expression of a purpose to take it when occasion for the opening of the projected street arises.</p> <p>Where a street previously plotted has been actually opened for public use, the fact that no compensation can be recovered for the removal of any buildings erected on the bed of the proposed street after the same had been plotted, is not to be considered as a circumstance affecting the market value. Gamble v. Philadelphia, 162 Pa. 413, distinguished.</p>