Only if the legal possessor has been fully compensated by the intruder for the tortious conduct, does the continuing trespass cease. Because the Authority refuses to quit its occupation, and has knowingly exploited the benefit of its contractor's error, we hold that the Authority should be required to formally take and pay for the land, or be removed. A windfall at the expense of a property owner, as a fortuitous benefit of the negligence of its own agent and contractor, would be unjust. While the original insult to Rawlings' land may have been caused by the Authority's private contractors, we hold the continuing occupation of the property by the Authority's pumping station is a willful act of the Authority for which the Rawlings must be compensated. Landowners assert that the Authority here is not entitled to immunity under either provision.
Governmental immunity is applicable only to claims that seek damages.
Therefore, Landowners' action in ejectment, not seeking damages, is not barred. 406 Pa. Superior Ct. There is no such language in the Municipality Authorities Act of 1945. The Pennsylvania legislature was clear to designate agencies organized under the Second Class Cities Port Authority Act and the Housing Authority Act as Commonwealth agencies. Therefore, we hold that the trial court erred in holding that res judicata applied and also hold that the Authority is not immune from Rawlings' cause of action.