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TAKING EMINENT DOMAIN CERTAIN PARCELS REAL ESTATE LOCATED NORTHSIDE URBAN RENEWAL AREA NO. 1 (10/26/76)

decided: October 26, 1976.

IN RE: TAKING IN EMINENT DOMAIN OF CERTAIN PARCELS OF REAL ESTATE LOCATED IN THE NORTHSIDE URBAN RENEWAL AREA NO. 1, PROJECT PENNA. R. 389 IN THE CITY OF BETHLEHEM, NORTHAMPTON COUNTY, PA., BY THE REDEVELOPMENT AUTHORITY OF THE CITY OF BETHLEHEM, PA. LORRAINE A. HABER AND CAROL A. CORRIERE, TRUSTEES, APPELLANTS


Appeal from the Order of the Court of Common Pleas of Northampton County in case of In Re: Taking in Eminent Domain of certain parcels of real estate located in the Northside Urban Renewal Area No. 1, Project Penna. R-389 in the City of Bethlehem, Northampton County, Pennsylvania, by the Redevelopment Authority of the City of Bethlehem, Pennsylvania, No. 15 May Term, 1975, Court Minutes.

COUNSEL

Richard J. Haber, with him Haber and Corriere, for appellants.

Michael E. Riskin, for appellee.

President Judge Bowman and Judges Crumlish, Jr., and Wilkinson, Jr., sitting as a panel of three. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 27 Pa. Commw. Page 97]

The appellants are the owners of a property being condemned by appellee. A substantial portion of the property is under lease as a law office. The law office acts as a registered office of various corporations and businesses. In addition to condemning appellants' title, appellee also condemned the law office -- tenants' leasehold interest. Prior to a hearing appellants filed preliminary objections, only one of which is here involved. We quote in its entirety:

"II. Motion To Join Additional Condemnees In Accordance With Section 506 Of The Eminent Domain Code Of 1964, As Amended:

"1. The following entities, known to the Condemnees to have an interest in the subject premises, which will incur costs as a result of said condemnation, are as follows:

Nature of

Name Address Interest

1. American Abstract Com-

     pany 619 Main ...


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