The municipality where I live condemned for purposes of creating an easement. Is this considered an eminent domain takings in Pennsylvania, and will it have to compensate me?
The municipality where I live condemned for purposes of creating an easement. Is this considered an eminent domain takings in Pennsylvania, and will it have to compensate me?
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Answer:
Under the Fifth and Fourteenth Amendments to the U.S. Constitution and Article I, section 10 of the Pennsylvania constitution, property cannot be taken without just compensation. Exercise of the power of eminent domain is not allowed where private property is condemned to benefit a private enterprise. In order to carry out a condemnation that meets constitutional requirements, the authority in question must 1) secure or make just compensation and 2) file a declaration of taking. Takings occur when a governmental body with the eminent domain authority physically takes possession or use of private land. A taking is not completed or accomplished until the court accepts the bond. Title passes and the authority exercising its power of eminent domain gets possession upon posting sufficient security. The security posted must be 1) adequate financially-speaking to satisfy the potential condemnation damages and 2) readily accessible.
Posted by Frank Rivero on 10 May 2010