In this opinion by the Supreme Court of Pennsylvania, the Court was asked to determine whether three statutory provisions — the “Donated or Dedicated Property Act” (“DDPA”), the “Project 70 Land Acquisition and Borrowing Act” (“Project 70 Act”), and the Eminent Domain Code — permitted Downingtown Borough (the “Borough”) to sell Borough owned and maintained parkland to private Developers, and to grant Developers easements over portions retained by the Borough. In reversing and remanding the Commonwealth Court’s decision, the Court held the Eminent Domain Code was inapplicable to the Borough’s right to sell properties acquired by condemnation, and court approval was required to sell properties acquired with Project 70 Act funds and to grant easements across park land pursuant to DDPA.
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: J. Todd
In this follow up case to the Pennsylvania Supreme Court’s 2013 decision in Robinson Township v. Commonwealth, 83 A.3d 901 (Pa. 2013) in which the Court struck down several provisions of Act 13, the State’s oil and gas law, that provided uniform statewide regulation of land uses associated with oil and gas operations, the Court dealt another blow to Act 13 by finding additional provisions either unconstitutional or not severable. The Court struck down additional sections related to allowing gas companies to employ eminent domain, exempting private water sources from being notified following spills, preventing doctors from disclosing or using information about patients’ chemical exposures, and allowing requests for state review of local ordinances.
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