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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.
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