The Pennsylvania Supreme Court has agreed to consider whether a municipal water authority can condemn private land under eminent domain if the easement will enable a private company to develop the land.
On August 28, the Supreme Court agreed to hear arguments in the case of Reading Area Water Authority v. Schuylkill River Greenway Association. According to the court's grant of allocatur, the arguments will be limited to whether the Commonwealth Court erred in determining that a water authority can condemn a permanent easement large enough to allow a private developer to build privately owned wastewater and stormwater facilities in a portion of the easement separate from the publicly owned water facilities, and whether the court erred by finding that facilitating the construction of stormwater facilities to enable development of private land and to manage stormwater constitutes a public purpose allowing the water authority to condemn the private land.
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