Takings

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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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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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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