Marple Newtown v. Marple Newtown School District
856 A.2d 225 (Pa. Cmwlth. 2004).
Takings
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)
Nolen v. Newtown Township, Pa. Commw. (2004)
Nolen v. Newtown Twp., 854 A.2d 705 (Pa. Cmwlth. 2004).
In re: Condemnation of Springboro Area Water Authority, Pa. Commw. (2006)
A variance is justified when the natural conditions of the land prevent reasonable development.
Solebury Township v. Solebury Township Zoning Hearing Board, 914 A.2d 972 (Pa. Cmwth. 2007).
Township of O’Hara v. Condemnation of an Easement and Right of Way (2004)
Township of O’Hara v. Condemnation of an Easement and Right of Way
860 A.2d 1160 (Pa. Cmwlth. 2004)
In re Condemnation (St. Mary’s Roman Catholic Congregation of Sharpsburg), Pa. Commw. (2006)
A First Class Township may condemn, for recreational purposes, property owned by a church and which was designated to be used as a cemetery.
In re Condemnation (St. Mary’s Roman Catholic Congregation of Sharpsburg), 910 A.2d 166 (Pa. Cmwlth. 2006).
Machipongo Land & Coal Co. v. Commonwealth of Pennsylvania (2002)
Machipongo Land & Coal Co. v. Commonwealth of Pennsylvania,
569 Pa. 3 (2002)
Valley Township v. Coatesville (2006)
Nothing in the Eminent Domain Code requires a condemnor to file for subdivision approval either before or after a condemnation.
Valley Township v. Coatesville,
894 A.2d 885 (Pa. Cmwlth. 2006)
In re Condemnation by West Chester Area School District (2001)
Sunshine Act Violation May Void a Condemnation Action Where the Agency Failed to Post Notice of the Meeting to Condemn at the Principal Office of the Agency Holding the Meeting
In Re Condemnation by West Chester Area School District, 50 Pa. D.& C.4th 449, January 2, 2001.
In Re: Condemnation by the Redevelopment Authority of the City of York, Pa. Commw. (2008)
Delay damages are awarded only for the loss of the use of property from the time an owner relinquishes possession until they receive just compensation.
In Re: Condemnation by the Redevelopment Authority of the City of York, (Pa. Commw. Ct. 2008).