Gianni Pignetti and Jennifer Pignetti v. Commonwealth of Pennsylvania, Department of Transportation

Summary

The Supreme Court of Pennsylvania considers whether two noncontiguous parcels may be valued as one under Section 705 of the Eminent Domain Code when they are used together for a unified purpose. The Court holds that the plain language of Section 705 governs and rejects the Commonwealth Court's additional requirement that the parcels be so inseparably connected that injury to one necessarily and permanently injures the other. The Court reverses the Commonwealth Court's order.

Holdings

1. Noncontiguous tracts are used together for a unified purpose when they are used together to accomplish one common end; Section 705 does not require proof that the parcels are so inseparably connected that injury to one will necessarily and permanently injure the other.
2. The Commonwealth Court erred by adding a requirement to Section 705 that the General Assembly did not include.
3. The Supreme Court did not decide whether the parcels satisfied Section 705's substantially identical ownership requirement and remanded that issue for consideration by the lower courts.

Questions Presented

1. Whether noncontiguous parcels are used together for a unified purpose under Section 705 of Pennsylvania's Eminent Domain Code when they are used together to store vehicles and equipment for the same business.
2. Whether the Commonwealth Court improperly added a requirement that the parcels be so inseparably connected that injury to one would necessarily and permanently injure the other.
3. Whether the question of substantially identical ownership should be addressed in the first instance on remand.

Disposition

reversed_and_remanded