Eminent Domain • Adverse Possession not Legally Possible • Pa. R.C.P. 1030 v. 1031
City of Philadelphia v. Galdo, PICS Case No. 16-1000 (C.P. Philadelphia June 27, 2016) Coleman, J. (5 pages).
Homeowner helped himself to the use of vacant land across the street owned by the city and began constructing structures on it without a permit. The city had acquired the land by eminent domain as part of a highway construction project with clear title and held unbuilt parcels for future disposition. After plaintiff’s initial sale was stopped by the presence of structures and improvements on the land, plaintiff sought to eject the trespassers. Claims of adverse possession were without merit, since plaintiff acting for the state in acquiring the lands had immunity from such claims. The court found that the homeowner should be ejected from the disputed property.
