Eminent Domain & Real Estate Litigation Blog
The Eminent Domain & Real Estate Blog covers condemnation and real estate litigation in topics such as appraisers, elections, PennDOT, projects, and redevelopment. This blog is published by Fox Rothschild and authored by David Snyder, the co-chair of Fox Rotchschild’s Condemnation Group which has a national practice and handles more large eminent domain matters than any other firm in the Mid-Atlantic region.
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Recent Articles
Lehigh County Extends Informal Reassessment Appeals Deadline
Lehigh County has extended the deadline for filing informal reassessment challenges. The revised deadline is Thursday, March 22. Informal reviews give property owners the chance to sit down with an assessor and dispute the record. They can be requested online, in person, over the phone or by mail....
Appraisal Institute Advises US Sentencing Commission to Require Appraisals
The Appraisal Institute urged the U.S. Sentencing Commission to require the use of real estate appraisals when calculating loss in mortgage fraud cases. Section 1079A of the Dodd-Frank Act requires the U.S. Sentencing Commission to review and, if appropriate, to amend the federal sentencing...
Adverse Possession Bill Introduced in PA
A bill was recently introduced in the PA Senate seeking to eliminate the doctrine of adverse possession in PA. Pennsylvania common law provides that adverse possession of a property arises by actual, continuous, exclusive, open, notorious, distinct, and hostile possession of property for a period...
We Win De Facto Taking Case
I am often asked whether governmental actions can cause a taking even if the government does not formally initiate an eminent domain case. These cases are known as “de facto” or inverse condemnations and are difficult to prove. However, establishing a de facto taking can have...
PA Commonwealth Court Affirms Strict Necessity Requirement for Private Roads
PA Commonwealth Court recently found that a property owner was not entitled to a private road across a neighboring property since it appeared that the property owner was entitled to an easement by necessity across another property. In In Re: Laying Out and Opening of: Private Road in Hazle...
Philadelphia Taxpayers Intervene to Defend 18.1 Percent CLR
The Philadelphia’s Board of Revision of Taxes (BRT) recently decided to apply the County of Philadelphia Common Level Ratio (CLR)–which had been reduced by Pennsylvania’s State Tax Equalization Board (STEB) from 32 percent to 18.1 percent–to property values as certified by...
PA Agency Objects To Eminent Domain For Pipeline Project
The Pennsylvania Game Commission filed a protest with the Federal Energy Regulatory Commission objecting to Central New York Oil and Gas Co. LLC’s attempt take over land the commission manages. PGC stated, "If FERC allows [Central New York Oil and Gas Co.] to file eminent domain...
US Airways opposes Philadelphia International Airport Expansion Plan
One of the largest and most controversial projects being discussed in Southeastern Pennsylvania is the expansion of the Philadelphia International Airport. US Airways Group Inc. is now increasing its efforts to oppose the project. As the Philadelphia Inquirer reported, “the move by...
Ludwigs Corner Horse Show Condemnation Rescinded
We were recently involved in a very controversial condemnation matter. We were retained by the Ludwig’s Corner Horse Show Association to challenge a condemnation filed by West Vincent Township. The Township passed a resolution and filed a declaration of taking to condemn 33 acres...
Failure To Disclose That House Was Location Of Murder Suicide Can Be Basis For Lawsuit
The Pennsylvania Superior Court recently ruled that a home seller and agent can be sued for failing to disclose a murder/suicide in a house for sale. In Milliken v. Jacono, homebuyers sued sellers and agents for failing to disclose that a murder/suicide of a husband and wife had...
