James C Sargent Jr

March 11, 2021 | The Legal Intelligencer

Beyond the commonwealth agencies such as PennDOT and the Turnpike Commission that frequently exercise the power of eminent domain, there are a number of political subdivisions, authorities and public utilities with that power.

By James C. Sargent Jr. and Katherine E. LaDow

9 minute read

November 19, 2020 | The Legal Intelligencer

The condemnee has a limited ability to challenge the governmental taking of his property. Pennsylvania's Eminent Domain Code (the code), gives the condemnee the right to oppose a condemner's declaration by filing with the court of common pleas a legal document called "preliminary objections."

By James C. Sargent Jr. and Katherine E. LaDow

9 minute read

October 08, 2020 | The Legal Intelligencer

Either the condemnor or the condemnee can institute valuation proceedings by filing a petition with the Common Pleas Court requesting appointment of a board of viewers. The content of the petition is specified in Section 502(a). A petition is substantially the same form whether a property owner claims a de facto taking or inverse condemnation.

By James C. Sargent Jr. and Katherine E. LaDow

9 minute read

September 10, 2020 | The Legal Intelligencer

Pennsylvania's Eminent Domain Code, 26 Pa.C.S.A. Section 101, codifies one of the most extraordinary and ominous powers of government—the right to condemn or, more simply, "take" private property by filing a declaration of taking under the code, which results in immediate transfer of legal title to the property to the government.

By James C. Sargent Jr. and Katherine E. LaDow

9 minute read