The PA Senate is considering a bill which would make minor changes to the PA eminent domain statute providing for reimbursement for professional fees and expenses. Generally, PA requires reimbursement for up to $4,000 for those fees and expenses. If enacted, SB 1096 clarifies that this payment is owed “per property, regardless of right, title
Pennsylvania Eminent Domain Code
Federal Court Permits “Just Compensation” Claim For Condemnation Challenge Period
By David Snyder on
Posted in Eminent Domain
A federal appeals court recently held that a condemnee who successfully challenges a taking may be entitled to “just compensation” during the period between the filing of the declaration of taking and the revesting of title. In R&J Holding Company v. Montgomery County RDA, the property owner successfully challenged the taking of its property. The…
PA Court Affirms Requirement Of Condemnation Filing Within 1 Year Of Authorization
By David Snyder on
Posted in Eminent Domain
The Commonwealth Court of Pennsylvania recently addressed the requirement that a condemnor must initiate the condemnation action within one year of the action authorizing the condemnation. In In Re: Condemnation by the Redevelopment Authority of the City of Allentown, the condemned property was determined to be blighted on March 8, 2004. On June 14, 2005…
PA Considering Increasing Amount Of Professional Fees For Eminent Domain Cases (Again)
By David Snyder on
Posted in Eminent Domain
The Pennsylvanian House of Representatives is once again considering a bill that would increase the amount of professional fees in eminent domain cases to $25,000.
Continue Reading PA Considering Increasing Amount Of Professional Fees For Eminent Domain Cases (Again)
PA Court Confirms That Eminent Domain Claim Cannot Be Asserted In Non-Eminent Domain Suit
By David Snyder on
Posted in Eminent Domain
The Commonwealth Court of Pennsylvania recently restated Pennsylvania black letter law that any claim for damages caused by an alleged condemnation must brought pursuant to the procedures of the Eminent Domain Code.
Continue Reading PA Court Confirms That Eminent Domain Claim Cannot Be Asserted In Non-Eminent Domain Suit
Real Estate Brokers Permitted To Testify As Valuation Experts In Eminent Domain Cases
By David Snyder on
Posted in Valuation
One critical aspect of any eminent domain case is selecting the right valuation expert. Recently, the Commonwealth Court of Pennsylvania ruled that real estate brokers can serve as valuation experts in eminent domain cases even if they do not have a real estate appraiser license.
In King v. West Penn Power Company, a power…