United States:
PA Supreme Court Agrees To Hear Eminent Domain Case
01 March 2016
Fox Rothschild LLP
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There are times when a condemnor decides not to use property it
has taken via eminent domain. At that point, states have a variety
of procedures that must be followed. The PA Supreme Court has
decided to hear a case relating to this issue. In In re: Petition
of the Borough of Downingtown, one of the issue that will be
decided is:
Where a municipality has satisfied
the requirement to dispose of condemned property under Section
310(a) of the Eminent Domain Code by abandoning the purpose for
which the property was condemned, does the Donated or Dedicated
Property Act, Act of Dec. 15, 1959, P.L. 1772, 53 P.S. §§
3381, et seq. (the "DDPA") nonetheless require judicial
approval before a municipality may dispose of that property?
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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