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ARTICLE · 19 JULY 2014

‘De Facto’ Land Taking Could Cost Phila. Dearly Later

Fox Rothschild LLP
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Nine years after developers purchased a plot of undeveloped land in Philadelphia’s Roxborough neighborhood, the land remains undeveloped and tied up in court where a judge says the city ‘de facto’ took the land from its owners by not paving a roadway.

United StatesReal Estate and Construction

David B. Snyder was quoted in the Philly.com article "'De Facto' Land Taking Could Cost Phila. Dearly Later." Full text can be found in the July 14, 2014, issue, but a synopsis is below.

Nine years after developers purchased a plot of undeveloped land in Philadelphia's Roxborough neighborhood, the land remains undeveloped and tied up in court where a judge says the city 'de facto' took the land from its owners by not paving a roadway.

The ruling could be costly for taxpayers if it is not overturned, as the city must pay owners for such takings. The developers are seeking more than $2.5 million from the city for the land.

According to David Snyder, "de facto eminent domain" claims such as this one are among the toughest to win, because owners must prove a government entity is "denying you the ability to use property for its highest and best use."

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