MacHipongo Land & Coal Co. v. Commonwealth

OPINION OF THE COURT

CASTILLE, Justice.

This case raises several questions of jurisdiction over preenforcement challenges to regulations promulgated by the Environmental Quality Board (the “EQB”) constituting a regulatory taking of real property. For the reasons set forth below, we reverse the order of the Commonwealth Court and remand the case for further proceedings in accordance with the Eminent Domain Code, 26 P.S. § 1-101 et seq.; 53 P.S. § 1081 et seq.

In the Commonwealth Court, Appellants sought review of an EQB regulation designating a portion of their land as unsuitable for surface…