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HARRISBURG – In a 6-1 decision, the Supreme Court of Pennsylvania has concurred with a Pennsylvania Department of Transportation appeal looking to reverse a decision from the Commonwealth Court – which had found an unmined coal estate adjacent to highway construction was illegally seized by state transport authorities through eminent domain. The Commonwealth Court decided in March 2019 that a de facto taking of land on which the coal estate was located had occurred, when PennDOT undertook construction of Highway 219 in southern Somerset County in 2010, to the detriment of Penn Pocahontas Coal Co. and PBS Coals, Inc. The Commonwealth Court ruled that options to determine right-of-way access to the coal estate in question’s surface, located on Parcel 55, were eliminated through the highway construction. Parcel 55, located in Brothersvalley, was owned by Penn Pocahontas and leased to PBS Coals. ....
A new highway that cut off access to a property for potential coal mining did not represent a "de facto" taking of the land under Pennsylvania's eminent domain law, since the coal companies that owned the mineral rights were unlikely to get permission to do any actual mining, the state's Supreme Court ruled Wednesday. ....