Pennsylvania Eminent Domain Attorneys

At Sever Walker Padgitt, our mission is to hold condemners, whether they be state, federal, local, utility, or university, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain or condemnation in Philadelphia, Pittsburgh, or Allentown, Pennsylvania, and beyond. No matter the town or city, your home or business is important to you, so it’s important to us.

Don’t let the government take advantage of your situation—knowing your rights will help you get fair treatment, even if your land is taken from you. The team at Sever Walker Padgitt is on your side and will help you understand the nuances of this complicated process. We have all the experience required to give you the representation you need in this stressful time.

What Is Eminent Domain Law in Pennsylvania?

While the term “eminent domain” refers only to the government’s right to take the land, the act of seizing the land is known as condemnation.

Eminent domain in Pennsylvania is when the government exercises its right to take public land away from an individual to use it for a public project, such as a highway, school, government building, or park. Because of the 2005 Supreme Court decision in the case of Kelo v. New London, this definition has been expanded beyond government-directed projects and development. Eminent domain can now include private industrial projects with expected economic advantages for the community. This might include more available jobs, increased usable tax funds, or access to needed resources.

If the government is trying to take your land, a Pennsylvania-licensed eminent domain attorney can represent you in a court of law.

Pennsylvania-Specific Eminent Domain Requirements

Pennsylvania law requires that the government body must be able to prove the necessity or potential economic growth expected for the proposed project that affects your property. Due process needs to be strictly followed, including properly notifying the owner at least 90 days prior to the project start date. And, just compensation that includes the fair market value, relocation expenses, and profit loss, must be agreed upon.

Additional considerations include:

• A 21-year time restriction on government use of undeveloped property.
• A just compensation offer that is NOT contingent on the property owner’s responsibility to pay any past due fees, taxes, or other government costs.
• The property owner’s right to contest eminent domain regarding due process, necessity requirements, and just compensation terms.

There is almost nothing as shocking as the day an eminent domain notice is delivered. Never mind the long-term helplessness, confusion, and worry about the future that comes along with it. This jarring situation can be scary, but fortunately, there are experts who can make the process less intimidating.

If you’re a landowner who has received an eminent domain notice in Pennsylvania, here’s how to proceed:

Condemnation Litigation Process

In very rare cases, an eminent domain issue may need to be heard in court. You can expect the litigation process to include:

• Filing a Declaration of Taking.
• Serving a notice of condemnation.
• A preliminary hearing to determine the validity of the case.
• The presentation of all testimonies, appraisals, and available evidence.
• Determining compensation through a board, impartial committee, or jury.
• Filing the Final Certificate of Taking, settling the agreed-upon compensation, and acquiring the property.

If either party is unsatisfied with the outcome of a condemnation trial, it can be appealed and reassessed.

Sever Walker Padgitt gets results. No matter the size or scope of the case, we are dedicated to serving the owner’s best interests.

We invite you to explore our past projects and see the positive results for yourself.