The misidentification of property being condemned by PennDOT for road construction meant that condemnees could challenge the adequacy of PennDOT’s Declaration of Taking after the expiration of the 30-day time limit for filing preliminary objections imposed by the Eminent Domain Code. In concluding that PennDOT had not provided adequate notice to the property owners, the Commonwealth Court ruled that the burden of accurately identifying the property rested with the condemnor and not the condemnee.
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: declaration of taking
In this case out of Philadelphia, the Commonwealth Court was asked to apply and interpret § 302(e) of the Eminent Domain Code. The court determined that the requirement of § 302(e) that a declaration of taking be filed within one year of being authorized did not function like a statute of limitations and that condemnation only had to be reauthorized after the one year time limit had lapsed.
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