Eminent domain is the government’s legal authority to acquire private property for a public purpose—such as improving roads, expanding public facilities, or enhancing pedestrian safety. This power is granted under Pennsylvania law and the U.S. Constitution, but it is used only when necessary and with great care.
When and Why It’s Used:
- Public Purpose Only: Property may only be acquired if it directly serves the public—such as creating safer streets, expanding green space, or improving access to community services.
- Last Resort: Eminent domain is considered only after all other options, including voluntary purchase and negotiation, have been exhausted.
- No Resale: The Borough cannot resell property acquired through eminent domain. It must retain and maintain the property for public use.
Protecting Property Owners
Government understand that property ownership is deeply personal and protected by law, and rooted in our Constitution That’s why the process includes multiple safeguards: - Fair Compensation: Property owners receive compensation based on an independent appraisal of fair market value. Property owners have the ability to legally challenge the amount of estimated just compensation that is offered.
- Legal Notice & Opportunity to Object: Owners are formally notified and have the right to challenge the Borough’s authority to take the property, or the compensation offered.
- Independent Review: If compensation is disputed, owners may request a hearing before a neutral Board of View, with further appeal rights.
• This process is lengthy and can ultimately take years for a resolution to be reached. The process can include litigation, including the right to a jury trial if requested by the property owner.
A Thoughtful, Transparent Process
The decision to exercise eminent domain is never taken lightly. It involves public discussion, legal review, formal ordinance passed by Borough Council, and filing documents with the Court of Common Pleas. Our goal is to ensure that any action taken reflects the best interests of the community while respecting individual rights.
