Takings

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 (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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Middletown Twp. v. Lands of Stone, 939 A.2d 331 (Pa. 2007)

Second Class Townships are authorized to condemn property under the Second-Class Township Code, 23 Pa. Stat. Ann. § 67201, for any legitimate recreational purpose. However, where the fundamental purpose of a taking is not found to be recreational, the taking is invalid.

Middletown Twp. v Lands of Stone,
882 A.2d 1066 (Pa. Cmwlth. 2005), app. granted.

Reversed by: Middletown Twp. v. Lands of Stone, 939 A.2d 331 (Pa. 2007)


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Lingle v. Chevron (2005)

The extent to which a regulation advances a legitimate state interest is irrelevant to whether the regulation has affected a taking under the Fifth Amendment.

Lingle v. Chevron,
125 S. Ct. 2074 (2005).


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In re Condemnation Proceeding by the Redevelopment Auth. of Phila. (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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