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).
Lehigh-Northampton Airport Authority v. Fuller,
862 A.2d 159 (Pa. Cmwlth. 2004)
Facts indicative of "vacant" property under Urban Redevelopment Law.
Smucker v. Lancaster City Planning Comm’n, 74 A.3d 349 (Pa. Commw. Ct. 2013).
A municipality can authorize a declaration of taking by the adoption of a resolution.
In the Matter of Condemnation of Property in Perry Township, 925 A.2d 215 (Pa. 2007).
Marple Newtown v. Marple Newtown School District
856 A.2d 225 (Pa. Cmwlth. 2004).
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 Twp., 854 A.2d 705 (Pa. Cmwlth. 2004).
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
860 A.2d 1160 (Pa. Cmwlth. 2004)
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).