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PA court permits condemnation benefiting private developer
  • Fox Rothschild LLP
  • USA
  • August 27 2012

In Reading Area Water Authority v. The Schuylkill River Greenway Association, the Reading Area Water Authority condemned land for the construction, maintenance and operation of utility lines and appurtenance of a water main


PA court rules highway occupancy permit did not cause de facto taking
  • Fox Rothschild LLP
  • USA
  • August 26 2012

The Commonwealth Court of Pennsylvania recent ruled that the issuance of highway occupancy permit did not cause a “de facto” condemnation of a neighboring property owner


PA court allows approval of second plan during appeal of first plan approval
  • Fox Rothschild LLP
  • USA
  • September 30 2012

The Commonwealth Court of PA has ruled that while an appeal of approvals for a development is pending, a municipality has the power to approve another development plan submitted by the same developer for the same property


PA court rules that "ongoing subdivision concerns" should not be considered in valuing individual subdivision lots
  • Fox Rothschild LLP
  • USA
  • July 18 2012

In Greth Development v. Berks County Board of Assessment Appeals, the Berks County trial court considered whether the tax assessment of individual lots of a residential subdivision should take into account “ongoing subdivision concerns, including cash flow, absorption rate of lot sales, and ongoing expenses.”


Court finds construction of sewage lagoons did not cause de facto taking
  • Fox Rothschild LLP
  • USA
  • July 23 2012

A Berks County trial court recently rejected the claim of property owners that the construction of sewage lagoons adjacent to their homes caused a “de facto” taking of their properties


Justices appear skeptical of takings claim
  • Fox Rothschild LLP
  • USA
  • January 30 2013

The U.S. Supreme Court recently heard oral argument a property owner's claim that the denial of a permit to develop his land constituted an


Pa court confirms that eminent domain claim cannot be asserted in non-eminent domain suit
  • Fox Rothschild LLP
  • USA
  • December 30 2010

In Borough of Walnutport v Dennis, the Commonwealth Court of Pennsylvania restated Pennsylvania black letter law that any claim for damages caused by an alleged condemnation must be brought pursuant to the procedures of the Eminent Domain Code


Commonwealth Court permits PennDOT condemnation of agricultural lands
  • Fox Rothschild LLP
  • USA
  • November 9 2010

The Pennsylvania Commonwealth Court recently ruled that PennDOT met its burden to condemn agricultural property for a project in Lebanon County


PA Private Road Act may facilitate unconstitutional takings
  • Fox Rothschild LLP
  • USA
  • November 14 2010

The PA Supreme Court recently ruled that the PA Private Road Act may facilitate unconstitutional takings


21 names nominated for Philadelphia Board of Property Assessment Appeals
  • Fox Rothschild LLP
  • USA
  • September 6 2010

A nominating panel submitted 21 names to Philadelphia Mayor Michael Nutter as candidates for the Board of Property Assessment Appeals