Legal Question in Real Estate Law in Pennsylvania

Eminent Domain

I live in Ferguson Township, Centre County, Pennsylvania. In February the township took every inch of eminent domain allowed and put in a sidewalk. They sent me a bill for the sidewalk and have now put a lien on my property. Along with the lien, they are charging interest and fees.

Only six homes in the township had to pay for the sidewalk. The township received a grant for all other sidewalks. The comment was that ''we cannot wait for the grant to put in your sidewalk.'' (My sidewalk, along with the other five homes extends about 700 feet, connecting to a bike path.)

If the township takes my property, can they require that I pay for the sidewalk? Since our sidewalks are not essential to for safety along a busy street, should we be responsible for ''not enough time to wait for the grant.'' (My street is a side road. Other roads are main roads within the township.)

In addition, when they dug up the ground for the sidewalk, they took out part of my flower garden which had over 100 white tulips, a peonie bush, 12 red parrot tulips, 25 daffodils, and a rose bush. Does the township have a legal obligation to pay me for my lost property?

Thank You!!


Asked on 8/14/02, 12:47 pm

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: Eminent Domain

If a part of your property was taken to create the sidewalk space, you should have received notices and there should have been hearings with respect to the value of the portion the township was "taking". As part of the hearing, you would be permitted to bring in evidence of the value of the landscaping you had in the taken portion of land. You would be entitled to a payment for the taking.

However, if your property goes to existing rights of way of the road fronting your property, the township may only have paved for sidewalk a portion of the right of way, not your property, and no taking would have been involved.

If you had a survey when you purchased the property, it would show the boundaries. It would also show if there were markers at the corners of your property, from which you could determine the property lines on the ground.

Townships do assess owners of property abutting streets and sidewalks for the improvements installed by the township. These should have come up at township meetings, where you might have had an opportunity to voice your concerns.

You probably should consult with an eminent domain/takings real estate attorney in your county to review your title and survey, and what happened in connection with installation of the sidewalk.

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Answered on 8/16/02, 10:18 am


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