Technical Assistance - Pennsylvania Land Use Law : PA Land Use

Pennsylvania Land Use Law Library

Key Topic: Takings

Cases are listed below in alphabetical order:
*Click on case name to review case summary.

Preliminary injunction preventing development not a compensable taking where municipal boundary dispute existed between incongruent land use zones

In re: Condemnation by the Municipality of Penn Hills (D'Andrea) (2005)
Under the Eminent Domain Code, a landowner has five years to petition the court for distribution of a disputed just compensation payment

In Re Condemnation by the Twp. of Manheim (2005)
Error to vertically separate property interests in calculating denominator under Pennsylvania takings analysis

Machipongo Land & Coal Co. v. Commonwealth of Pennsylvania (2002)
There must be a need for a wireless tower to prove that the township is unlawfully excluding it

Macioce v. ZHB of the Borough of Baldwin (2004)
An educational unit’s lease does not prohibit a taking by eminent domain

Marple Newtown v. Marple Newtown School District (2004)
Insurance may be available to cover public official liability

National Casualty Company v. Newtown Twp. and James Nolen, III (2000)
Temporary moratorium is a de facto taking (Case overruled)

Nolan v. Newtown Twp. (2000)
Moratoriums are an invalid exercise of municipal authority but do not result in a de facto taking

Nolen v. Newtown Twp. (2004)
Standing--advance notice of an adverse regulatory action does not automatically preclude a subsequent takings claim

Palazzolo v. Rhode Island (2001)
A municipality may condemn lands for a sewer outside its border pursuant to a valid contract with the other municipality.

Township of O'Hara v. Condemnation of an Easement and Right of Way (2004)

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.