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, 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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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)


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