Thursday, June 18, 2009

Victory for Private Property Rights

Pennsylvania’s Commonwealth Court has given a major victory to private property rights in Pennsylvania. The Court’s ruling departs from the Kelo Decision, making it far more difficult to seize property for economic development purposes.

Previously, a “blight” standard was incorporated into the decision process as a means to force the condemnation/seizure of private property.

Now, the courts have set a new reasonable personal standard when determining if seizure is allowed. This standard cannot consider solely the anticipated benefit from the intended future use.

The case is In re Condemnation by the Redevelopment Authority of Lawrence County, 962 A.2d 1257 (December 22, 2008).

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