dissenting.
The majority rejects the claim that the measure of compensation here is the cost of substitute facilities while embracing the position that a political subdivision is entitled to “just compensation” when its property is condemned by the Commonwealth. For the reasons set forth in my concurring and dissenting opinion in City of Chester v. Commonwealth of Pa., Dept. of Transportation, 495 Pa. 382, 434 A.2d 695 (1981) (filed this day), I must disagree.
In the instant case it has been demonstrated that the substitute facilities measure of damages is imperative. Township witnesses testified as to a shortage of low-income housing. The only way the Township of Chester can afford to replace the low-income units is to be awarded replacement costs. The Township has an obligation to provide low-income housing for its citizens who are unable to pay higher rents. An award of “fair market value” will not allow the rebuilding of the units taken and makes hollow the substitute facilities doctrine. The fact that the subdivision may derive the benefit of another public use as a result of the diversion does not lessen its responsibility in the area of the condemned facility.