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Court Takes Narrow View of Compensable Losses

Real Estate Services, Real Estate Finance, Real Estate Litigation

Martin J. Doyle, Partner in Saul Ewing's Transactional Real Estate Practice Group in the Philadelphia office, examine the issues that arise in regulatory takings cases, when the government uses its authority to "trump" the rights of property owners.

In the article, they review the July 30, 2004 decision by the Commonwealth Court of Pennsylvania in the matter of Nolen vs. Newtown Township. In that case, the court ruled that a temporary moratorium on subdivision development lasting 22 months did not constitute a taking, entitling Nolen, a developer who owned the land, to compensation. This is true, even though the moratorium was impermissible as exceeding the township's authority.

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