Pennsylvania Eminent Domain Lawyer & Attorney : Fox Rothschild Law Firm : Condemnation, Real Estate Valuation : Philadelphia, Bucks County, Pennsylvania

The Commonwealth Court of Pennsylvania recently upheld the condemnation of a strip club for the use of a Charter School. The property, located in the City of Chester, Delaware County, Pennsylvania, was located in an area certified as blighted. The property owner challenged the condemnation primarily on the basis that the project would allegedly benefit the private developer retained for the project. Therefore, the property owner argued, the taking violated the Fifth Amendment’s requirement that condemnations must be for a “public use.”

The Commonwealth Court rejected the property owner’s argument and restated the principal that “a taking is proper if the benefit to the public is primary and any benefit to a private individual is only incidental.” In this case, the Court found the Charter School and the elimination of blight were “public uses” and the fact that the developer may profit from the project does not negate those public uses.

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The Pennsylvania House Urban Affairs Committee recently approved legislation intended to give municipalities and others more power to deal with blighted and abandoned properties. The legislation, House Bill 2188, would provide a way for municipalities, lien holders or other interested parties to petition the courts for the appointment of conservators to take control of and rehabilitate blighted or abandoned properties. In addition to municipalities and lien holder, the interested parties could include school districts, residents, or business owners within 500 feet of an abandoned building.

The conservator could make necessary repairs and sell the building if the owner does not petition to regain possession or reimburse for all costs. Conservators would be exempt from the repayment of debts incurred by the previous owner or any damage to the property that existed prior to their appointment as conservator.

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The Philadelphia Redevelopment Authority – which regularly uses its power of eminent domain – will have a new chairperson.  Labor Leader John Dougherty, who recently lost his bid for State Senate, announced that he will step down as chairman of the RDA.  His term was not slated to end until early next year.  The stated reason for his resignation is to provide Mayor Nutter, who took office this year,  with the opportunity to select his own chairperson.

Dougherty was appointed to the RDA chairmanship shortly after Mayor John Street took office in 2000.  Dougherty was a major supporter of Street and did not support Nutter in last year’s primary.

The RDA was very active during the Street Administration.  It was the main governmental vehicle for his anti-blight program, the Neighborhood Transformation Initiative.  It regularly used its power of eminent domain and condemned thousands of parcels of property citywide.

Mayor Nutter has stated that the authority will play an important role in his administration.  However, he has not provided many details.  Nutter said he would appoint a successor to Dougherty and fill an existing vacancy on the five-member board as soon as possible.

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