|
|
Marple Newtown v. Marple Newtown School District
856 A.2d 225 (Pa. Cmwlth. 2004).
A township may not condemn lands that are being used for a school or charitable institution under Pennsylvania law. 53 P.S. §57803. However, because the School District had not used the property for anything other then storage for over twenty years, the court allowed the township to take the property by eminent domain.
The court held that although an Intermediate Unit had leased 10% of a building and was using it to provide an educational program, the Intermediate Unit owned no real property interest. Also, the court stated that an annual carnival for the local fire company was insufficient to classify the property as being used as a "charitable institution." Finally, the court said that because the school district had listed the property for sale through a real estate broker before the township declared the taking, the township's intended use of the property would not be inconsistent with the existing use.
DISCLAIMER:
This site is designed to provide summary review of selected Pennsylvania and Federal Court decisions related to land use and land use controls. The information contained herein, although produced by professionals, is not intended to render any legal service. Nor should the materials herein be utilized as a substitute for professional services. If legal advice or other expert assistance is required, the service of an attorney or other professional should be sought. DCED makes no representations, warranties or guarantees as to the accuracy, completeness or suitability of the information provided herein.
Back to Top |
