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Power of Eminent Domain Used to Halt Pennsylvania Subdivision - 10/25/2004 - Attorney Lawyer Legal Building Codes Zoning

Power of Eminent Domain Used to Halt Pennsylvania Subdivision

An unfolding case involving a developer in York County, PA, fits the profile of a disturbing trend in land use law in which local governments increasingly are using their power of eminent domain in order to curb growth.

 

After Pennsylvania builder and developer Peter Alechix acquired approximately 80 acres of prime land in West Windsor Township in 2002, he received approvals for Lauxmont Farms, a 51-lot subdivision of high-end, single-family homes. He quickly found clients interested in several parcels and construction began.

This May, however, the Board of Commissioners of York County adopted an ordinance to condemn the property in order to create an 825-acre park that would preserve farmland, archaeologically significant areas, and Indian-heritage and historic farmland structures. The developer claims that none of these are applicable to his property, and the county did not initiate condemnation proceedings against any of the other land needed for the park.

It is unclear whether the project is part of the larger local comprehensive plan or whether the county has the financial ability to pay for the land it wants to take for the park.

 

 

In state court, the developer is arguing: (1) that the county does not have the power or right to condemn the property; (2) that the county has not provided sufficient security and immediately available funds to pay just compensation; and (3) that the county committed procedural errors in the condemnation proceedings.

The York County Builders Association and the Pennsylvania BA are supporting the challenge.

In addition, NAHB, through its Legal Action Fund (a link for members only), agreed earlier this month to provide funding in support of the developer’s litigation.

For more information on this case, e-mail Mary Lynn Pickel, NAHB’s director of legal services, or call her at 800-368-5242 x8485.


Related Articles:
Promissory Note - (For Optionee) | Flow-Down Contract Provisions 
The Good, Bad and Ugly of Eminent Domain | Site To See: FindLaw Real Estate Center
 

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