Legal Opinion

A Condemnation Proceeding in Rem by the Redevelopment Authority of Philadelphia

Commonwealth Court of Pennsylvania

Decided February 6, 2006PublishedCited by 7 opinions

1Opinion of the Court

OPINION BY Judge SMITH-RIBNER.

The issue in this case is one of first impression for the Court. The question for the Court to decide is whether the Redevelopment Authority of the City of Philadelphia (Authority) may exercise eminent domain power to condemn a private homeowner’s property, located in an area of North Philadelphia that was certified as blighted, and then turn over the acquired property to a purely private religious organization to construct and operate a private independent school.

Mary Smith (Condemnee) appeals from the order of the Court of Common Pleas of Philadelphia County…

2Cases cited26 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
  3. Committee for Public Education & Religious Liberty v. NyquistSupreme Court of the United States · 1973
  4. Kelo v. City of New LondonSupreme Court of the United States · 2005
  5. Roemer v. Board of Public Works of Md.Supreme Court of the United States · 1976

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3Cited by7 opinions

  1. In Re Redevelopment Auth. of PhiladelphiaSupreme Court of Pennsylvania · 2007
  2. In Re Condemnation of Land for the South East Central Business District Redevelopment Area 1Commonwealth Court of Pennsylvania · 2008
  3. William Schenk & Sons v. Northampton, Bucks County, Municipal AuthorityCommonwealth Court of Pennsylvania · 2014
  4. A Condemnation Proceeding in Rem by the Redevelopment Authority of PhiladelphiaCommonwealth Court of Pennsylvania · 2006
  5. In Re Condemnation of Land for the South East Central Business District Redevelopment Area 1Commonwealth Court of Pennsylvania · 2008

2 more not listed; retrieve them via the Exa API.

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