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?