Takings

Robinson Twp. v. Commonwealth

Private corporations that do not sell gas directly to the public for compensation are not public utilities and, therefore, are not permitted to exercise the powers of eminent domain.

Robinson Twp. v. Commonwealth, 637 Pa. 239 (Pa. 2016)

Date of Decision: 9/28/16


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Hunt v. Zoning Hearing Bd. (2013)

Applicant for validity variance need not prove all elements of a variance, but must prove zoning ordinance is restrictive to the point of confiscation.

Hunt v. Zoning Hearing Bd., 61 A.3d 380 (Pa. Commw. Ct. 2013).


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In re: DeFacto Condemnation and Taking of Lands of WBF Associates, L.P. (2009)

A jury verdict concerning fair market value of property subject to a de facto taking will be upheld as based on substantial evidence where the jury views the property and its valuation is within the range of expert appraisals during trial, and a landowner is properly awarded interest, delay damages and attorneys’ fees.

In re: DeFacto Condemnation and Taking of Lands of WBF Associates, L.P., 972 A.2d 576 (Pa. Commw. 2009).

Date of Decision: 4/28/09


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