• Disclaimer
  
• Proposed Legislation
  
• State Statutes
  
• State Statutes Referenced in MPC
  
• Other State Statutes
  
• Land Use Case Law - Court Rulings

Temporary Moratorium on Development Pending Adoption of a Revised Comprehensive Plan Constitutes a De Facto Taking of Property.

Nolan v. Newtown Township, 49 Pa. D.& C.4th 148 Del. Co. June 29, 2000
Note: Reversed by Nolen v. Newtown Twp. 854 A .2d 705

Cross reference- Pennsylvania Eminent Domain Code, Section 502(e)

This case is cited for the proposition that while an ordinance imposing a moratorium on subdivision and land development pending adoption of a revised comprehensive plan, is a valid exercise of a township's regulatory power, a landowner who has a plan to develop his property may seek damages through eminent domain.

The landowner petitioned for the appointment of a board of view pursuant to section 502(e) of the Pennsylvania Eminent Domain Code, 26 P.S. Section 1-502(e). The township filed preliminary objections to the petition alleging that there had been no compensable injury to the landowner. The court held that the township's ordinance constituted a de facto taking, depriving the owner the highest and best use and enjoyment of his property. A board of view was appointed to determine the extent of the value of the temporary taking.

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