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: just compensation
In this appeal out of Fayette County, the Commonwealth Court was asked to determine which of two conflicting statutes of limitations (“SOL”) applied to petitions for the appointment of a board of viewers following a municipal authority’s declaration of taking and payment of just compensation. In finding that the 1 year SOL within the Urban Redevelopment Law (“URL”) was applicable, the court found that this statute had not been expressly or impliedly repealed by Act 34 which had repealed and replaced the Eminent Domain Code.
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