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Eminent Domain Archives

A primer on eminent domain in Pennsylvania

The legal process of "eminent domain," also called condemnation, gives public agencies in the Commonwealth of Pennsylvania the right to force private land owners to sell their land to the agency, if the land will be used to serve a valid public purpose. Eminent domain proceedings are subject to the due process clauses of the Constitution of the Commonwealth of Pennsylvania and the United States Constitution, Title 26 of the Pennsylvania Statutes and the provisions of the specific legislation that authorizes the agency to acquire the land.

Farmer wins eminent domain fight, preserving farm and history

Understanding how to fight claims of eminent domain can be as simple as saving a family farm or preserving important Pennsylvania history. Being threatened by an eminent domain action can be unsettling and overwhelming.

Eminent domain threatens unique Philadelphia business

Many eclectic businesses operate within Philadelphia and cater to the needs and wants of residents from all across the city. A West Philadelphia artist has made a name for himself by opening a studio that is as much a work of art itself as the objects that are produced inside of it. Lately, however, the artist's focus has been distracted by a difficult legal problem.

Understanding eminent domain

Many Philadelphia residents are aware of common types of real estate litigation that relate to the buying and selling of property and the contracts and covenants involved. Eminent domain actions are a very different type of real estate litigation however, and one that home and property owners should understand if they want to protect their property interests.

We can help with eminent domain actions

In a recent post, this blog explained that the government has the power to take private land for public use. This process falls under eminent domain laws. Under these laws, the government must, in most cases, provide compensation for the property. Even with this compensation, though, you might not want the government to take your property.

The government's power of eminent domain is not unlimited

As a previous post on this blog noted, landowners are often frustrated by the effects of the government's power of eminent domain. While government agencies may intend to treat people fairly, when individuals are negatively impacted by the power of eminent domain, it may feel like the most unfair treatment that they've ever experienced.

When can the government take private property for a public use?

When it comes to ownership of private property, landowners are protected by numerous laws. These protections usually allow them to prevent intruders from entering their land, use it for any purpose allowed by law and build dwellings or other buildings upon the property. However, there are certain situations in which private property can be taken over by the government, even if the landowner does not wish to hand over their property.

Property owners angered by eminent domain takings

When the government wants to obtain something on a piece of land privately owned by an individual, company or someone else, they may in some circumstances be able to gain possession of it. As residents of Pennsylvania may or may not be aware, one of the common ways for a state to take ownership of a piece of land or something on it from a property owner is through eminent domain.

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