In this condemnation case out of Luzerne County, the Commonwealth Court determined that the sporadic flooding of a property adjacent to a sewer treatment plant constituted a de facto taking under the Eminent Domain Code. The Court reasoned that the Mountaintop Area Joint Sanitary Authority (the “Authority”) made specific decisions that resulted in the flooding of the interior and exterior of Colleen DeLuca’s property, and the Authority was aware of the adverse consequences of those decisions.
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: Eminent Domain Code
In this opinion by the Supreme Court of Pennsylvania, the Court was asked to determine whether three statutory provisions — the “Donated or Dedicated Property Act” (“DDPA”), the “Project 70 Land Acquisition and Borrowing Act” (“Project 70 Act”), and the Eminent Domain Code — permitted Downingtown Borough (the “Borough”) to sell Borough owned and maintained parkland to private Developers, and to grant Developers easements over portions retained by the Borough. In reversing and remanding the Commonwealth Court’s decision, the Court held the Eminent Domain Code was inapplicable to the Borough’s right to sell properties acquired by condemnation, and court approval was required to sell properties acquired with Project 70 Act funds and to grant easements across park land pursuant to DDPA.
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