Condemnation of the Land & Property Jacobs

Opinion by

Judge Palladino,

This is an appeal from an order of the Court of Common Pleas of Delaware County dismissing for failure to state a cause of action under the Eminent Domain Code (Code) 1 appellants’ petition for the appointment of a jury of view for an alleged de facto taking by appellee Nether Providence Township (Township). 2 We affirm.

Since 1969 appellants’ property has been subject to serious and excessive drainage problems attributable to a change in the natural topography of the locality caused by the erection of a high school facility, a retirement home, and several single…