In this condemnation case out of Luzerne County, the Commonwealth Court determined that the sporadic flooding of a property adjacent to a sewer treatment plant constituted a de facto taking under the Eminent Domain Code. The Court reasoned that the Mountaintop Area Joint Sanitary Authority (the “Authority”) made specific decisions that resulted in the flooding of the interior and exterior of Colleen DeLuca’s property, and the Authority was aware of the adverse consequences of those decisions.
Tag: easement
In this case out of Adams County the Supreme Court of Pennsylvania reversed the Superior Court’s determination that upon the sale of a single lot in a subdivision development a developer’s interest in the platted roads depicted on the subdivision plan transforms from a fee interest into an easement interest. Such a determination, the Court found, would absurdly result in an easement without a servient estate, which is not possible.
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