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 by the County of Berks, a Third Class County, of Lands and all Improvements thereon for Public Recreation Places and Public Parks, Pa. Commw. (2007)

An entity lacks standing as a condemnee in an eminent domain proceeding if it has no legal or equitable property interest in the property being condemned.

In re: Condemnation by the County of Berks, a Third Class County, of Lands and all Improvements thereon for Public Recreation Places and Public Parks, 914 A.2d 962 (Pa. Cmwlth. 2007).


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