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Results: 1-10 of 40

PA court confirms County must pay compensation of Board of View
  • Fox Rothschild LLP
  • USA
  • May 11 2012

The Commonwealth Court of PA recently ruled that the County and not the parties must pay the compensation of a Board of View in an eminent domain case


Federal court permits "just compensation" claim for condemnation challenge period
  • Fox Rothschild LLP
  • USA
  • December 25 2011

A federal appeals court recently held that a condemnee who successfully challenges a taking may be entitled to “just compensation” during the period between the filing of the declaration of taking and the revesting of title


Failure to disclose that house was location of murder suicide can be basis for lawsuit
  • Fox Rothschild LLP
  • USA
  • December 27 2011

The Pennsylvania Superior Court recently ruled that a home seller and agent can be sued for failing to disclose a murdersuicide in a house for sale


PA court affirms requirement of condemnation filing within 1 year of authorization
  • Fox Rothschild LLP
  • USA
  • November 8 2011

The Commonwealth Court of Pennsylvania recently addressed the requirement that a condemnor must initiate the condemnation action within one year of the action authorizing the condemnation


Justice Dept. alleges city using eminent domain to limit black residents
  • Fox Rothschild LLP
  • USA
  • August 14 2011

The Justice Department has brought a lawsuit against Joliet, Ill., accusing the city of seeking to “limit or reduce” its number of black residents by seizing a federally subsidized housing development through eminent domain


Pa court reaffirms that where declaration of taking is filed de facto taking can only be asserted through preliminary objections
  • Fox Rothschild LLP
  • USA
  • March 16 2011

A Pennsylvania condemnee has two procedural mechanisms to assert a de facto taking


Tax assessment system challenge dismissed
  • Fox Rothschild LLP
  • USA
  • October 29 2011

A Philadelphia judge recently dismissed a challenge by a group of Philadelphia taxpayers challenging the city’s tax assessment practices


Supreme Court asked to address pretextual condemnation
  • Fox Rothschild LLP
  • USA
  • September 10 2011

The U.S. Supreme Court has been asked to decide “what category of takings are subject to heightened judicial scrutiny, and when is the risk of undetected favoritism so acute that an exercise of eminent domain can be presumed invalid?”


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


Conservative group criticizes Trump on eminent domain opinion
  • Fox Rothschild LLP
  • USA
  • April 23 2011

The politically conservative group Club for Growth attacked Donald Trump, who is apparently considering a bid for the Republican presidential nomination, for alleged abuse of the power of eminent domain