Real Estate & Property Law

Back for a second defeat, Pennsylvania Township Keeps on

By Alan Ackerman

San Gabriel Valley

In asking the judge to nullify the land-use appeals, the township argued that the family lost ownership interest in the property when the county tried to use eminent domain in November 2005, according to court papers.

Uhler disagreed in his ruling, saying possession of the property was never physically relinquished. In addition, the settlement agreement confirmed that the Kohr family did not lose interest in the property as a landowner.  

Lower Windsor Township has just lost an eminent domain case that spanned at least five years.  Now, after being beaten up once, it is revving itself for another defeat.  Land does not have to be ‘physically taken' for the property to be lost.  This rule goes back to the 19th Century US Supreme Court case of Pumpelly v. Green Bay.  Do they think the family that won the $23-million condemnation verdict ran out of money?

Full post as published by National Eminent Domain Blog on September 22, 2009 (boomark / email).