Tracy v. Commonwealth’s Empirical Analysis
1979
Citation profile
11
cited by 11 later decisions
1
states following
September 2005
most recently cited
11 state decisions
Relationships
Relies on Infelice v. United States · Noyd v. Bond · Wolf v. Department of Highways · Hession Condemnation Case · McCrady Case
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The credible evidence contained in the record submitted for our review establishes that PennDOT’s narrowing of Sienkiewicz’ [Stafford Straightaway] accessways has effectively denied tractor trailers, buses and large trucks a reasonable and safe means of ingress to and egress from Sienkiewicz’ property. As a consequence, Sienkiewicz has experienced a significant decline in gasoline and convenience items sales and has been forced to close his business. Based upon the sound appellate reasoning in McCrady, Finkelstein and Tracy , and in light of the purpose for which Sienkiewicz previously used his commercial property, PennDOT’s actions in this regard constitute a de facto [condemnation] under Section 612 of the Eminent Domain Code. Accordingly, PennDOT’s preliminary objections will be denied and the Board of Viewers will be directed to determine the amount of just compensation due under 26 P.S. § 1-612.”
1 later decision quote this exact passage“The law is clear that in these cases the burden is heavy for the constructive con-demnee to prove direct damages, but we cannot say the lower court abused its discretion in finding [landowner] met his burden. Before the curbing, a truck coming north on [Route] 119 could pull in front of the [landowner’s] tavern and back around to the right, parking parallel to the motel. When leaving the trucker could just pull out and continue heading north. Now a truck turning right into [landowner’s] property from the right hand lane can do so only by making an illegal right turn across one lane of traffic out of the passing lane. But once in, the trucker’s problems are not over. To get out he must back out into the highway.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.