You may recall a prior blog post regarding a case where we proved a “de facto” taking of a property. A “de facto” condemnation – sometimes known as an “inverse condemnation” – occurs when a condemnor’s actions cause the equivalent of a taking before a declaration of taking is filed. Our client was in the process of developing a property for residential condominiums. PennDOT did not initiate a condemnation action until May, 2009. We established that PennDOT’s actions caused a taking in December 2006. As a result, the property will now be valued as of December 2006 and not May 2009.
We recently tried the damages part of the case before a “Board of View.” PennDOT alleged the value of the condemned property was $6.75 million. We presented evidence that the value was $25 million. The Board entered an award of $22.5 million.
One other benefit of our de facto win is the amount of delay compensation – interest – owed to the property owner. It will now be calculated beginning in December 2006 as opposed to 2009. The amount will be substantial.
PennDOT will undoubtedly appeal.