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.
Tag: preliminary objections
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Urban Redevelopment Law (“URL”) was applicable, the court found that this statute had not been expressly or impliedly repealed by Act 34 which had repealed and replaced the Eminent Domain Code.
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