The Commonwealth Court has ruled that the taking of private land for a private road leading to a landlocked parcel is constitutional because private roads historically have been considered part of the state’s road system and because the public gains access to previously inaccessible land.
In the Matter of: Opening a Private Road for the Benefit of Timothy P. O’Reilly, Timothy O’Reilly requested the appointment of a Board of Viewers to open a private road between his landlocked parcel in Allegheny County and the nearest public road, according to the Commonwealth Court’s July 11 opinion. The proposed road would cross the property of the Hickory on the Green Homeowners Association and its 124 member owners and the property of Mary Lou Sorbara.
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