Burcat Quoted in Article about Eminent Domain

Burcat Quoted in Article about Eminent Domain

"Eminent Domain Battle Hits Home", Central Penn Business Journal

April 22, 2005

Joel R. Burcat, a Partner resident in the Harrisburg office and Chair of the Environment, Energy and Utilities Department, is quoted in this article about his client, the Kohr family, who own land called Lauxmont Farms in York County, PA. The Kohr family has been selling parts of their land since filing for bankruptcy in the late 1980s and county commissioners have been negotiating to buy the land for public use of a proposed park. If these negotiations fail, then York County could exercise eminent domain.

"The Kohrs want to have the opportunity to challenge the determination that the taking was for a legitimate public use," Mr. Burcat said. Under current law, they wouldn't have that opportunity. Mr. Burcat filed an amicus brief for the Kohrs in the case before the Supreme Court.

Greystone Construction Inc. bought Highpoint, a piece of land near Lauxmont Farms, from the Kohrs in 2002, with the intention of building luxury homes. A year ago, county commissioners voted 2-1 to take over the land through the power of eminent domain, to build a public park. York County officials and Greystone are in court over the matter.