On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more
7/1/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Pipelines ,
Right of Way ,
SCOTUS ,
Sovereign Immunity ,
Takings Clause
A ruling from the U.S. Supreme Court this week may have altered the landscape of takings claims by expanding the scope of physical takings. Since the landmark case of Penn Central Transportation Co. v. New York City, 438 U.S....more
6/25/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous...more
On Monday, September 14, U.S. District Court Judge William S. Stickman IV became the first federal or state judge in Pennsylvania to strike down Governor Tom Wolf’s emergency orders relating to the COVID-19 pandemic....more
9/16/2020
/ Business Closures ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Dissenting Opinions ,
Due Process ,
Equal Protection ,
First Amendment ,
Governor Wolf ,
PA Supreme Court ,
Police Power ,
Public Gatherings ,
Public Health Emergency ,
Shelter-In-Place ,
Standard of Review
On July 1, in Wolf v. Scarnati, a divided Supreme Court of Pennsylvania rejected House Resolution 836, in which the Commonwealth’s General Assembly attempted to terminate Governor Tom Wolf’s Proclamation of Disaster...more
Private citizens have separately challenged Governor Tom Wolf’s COVID-19 executive orders as unconstitutional takings in federal district court and in the Pennsylvania Supreme Court. Learn more about those cases here: Friends...more
Across the country, state and local governments have responded to the coronavirus by limiting in various ways normal activities that were part of everyday life before the outbreak. A battery of lawsuits in state and federal...more
6/4/2020
/ Churches ,
Compelling Governmental Interest ,
Dissenting Opinions ,
Eminent Domain ,
Executive Orders ,
Free Exercise Clause ,
Governor Newsom ,
Injunctive Relief ,
Motion for Relief ,
Public Health Emergency ,
Re-Opening Guidelines ,
SCOTUS ,
Shelter-In-Place ,
Social Distancing ,
South Bay United Pentecostal Church v Newsom ,
TRO
On Monday, in Friends of Danny DeVito v. Wolf, a divided Pennsylvania Supreme Court rejected a constitutional challenge to Governor Tom Wolf’s executive order closing non-life sustaining businesses. ...more
A class-action lawsuit filed in the Eastern District of Pennsylvania late last week alleges that Governor Wolf’s orders closing non-life sustaining business constitute a taking requiring just compensation under the Fifth...more
3/31/2020
/ Business Closures ,
Class Action ,
Coronavirus/COVID-19 ,
Due Process ,
Emergency Management Plans ,
Eminent Domain ,
Executive Orders ,
Fifth Amendment ,
Operators of Essential Services ,
State and Local Government ,
Takings Clause
The Philadelphia Office of Property Assessment (OPA) has reviewed the assessed values of all commercial and industrial real estate in Philadelphia, and earlier this year, many owners of commercial and industrial real estate...more
In a long-awaited decision on a hotly debated issue, the Pennsylvania Supreme Court has held that taxpayers whose apartment buildings were singled out for school district tax appeals have stated a valid claim that such...more
In view of market conditions, now is a good time to review your company’s real estate portfolio to consider assessment appeals for tax year 2016. Deadlines for appeal in certain Pennsylvania counties follow:...more
In view of current market conditions, now is a good time to review your company’s real estate portfolio to consider assessment appeals for tax year 2014. ...more