Plaintiffs Hits the Road in Inverse Condemnation Proceeding

The defense prevailed in an inverse condemnation proceeding in the Luzerne County, PA, Court of Common Pleas. The plaintiffs owned a large tract of land in a borough in the county and, several years ago, the borough placed an asphalt over a dirt road located on the plaintiffs' property, creating an improved road that was used by adjacent property owners to access their property. The plaintiffs filed an inverse condemnation claim pursuant to the Pennsylvania Eminent Domain Act alleging that the borough's actions amounted to a taking of their property without just compensation. Following an evidentiary hearing, the Judge ruled that the plaintiffs failed to prove that the actions of the borough substantially deprived the plaintiffs of the use and enjoyment of their property, and thus the borough's actions did not amount to a taking that entitled the plaintiffs to just compensation.