Eminent Domain • De Facto Taking • Water Redirection • Consequential Damages
McMaster v. Twp. of Bensalem, PICS Case No. 17-0428 (Pa. Commw. March 13, 2107) Colins, S.J. (13 pages).
Trial court correctly concluded that township’s redirection of storm water onto property owners’ land did not constitute a de facto taking because the resulting flooding was the result of negligence and not an intentional selection of the property as the discharge location, the flooding did not deprive owners of any use of their property and consequential damages were not recoverable in these circumstances. Affirmed.
