Takings

Robinson Township v. Commonwealth, (2016)

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, 623 Pa. 564 (Pa 2013).

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

Date of Decision: 9/28/16


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In re: DeFacto Condemnation and Taking of Lands of WBF Associates, L.P., Pa. Commw. (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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In re Condemnation Proceeding by the Redevelopment Authority of Philadelphia (1839 N. Eighth St.), 938 A.2d 341 (Pa. 2007)

Where the Lemon test is implicated in condemnation proceedings because a religious entity is involved, courts must look at the principal purpose of the use and how and why the religious entity is involved. A condemnation will not fail simply because a religious entity is involved as the entanglement must be prohibitively excessive to warrant failure under the Lemon test.

In re 1839 North Eighth Street,
891 A.2d 820 (Pa. Cmwlth. 2006), app. granted, 903 A.2d 539 (Pa. 2006)

Affirmed in part, reversed in part, and remanded by: In re Condemnation Proceeding by the Redevelopment Auth. of Phila. (1839 N. Eighth St.), 938 A.2d 341 (Pa. 2007)


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