Narrative Opinion Summary
The case involves an appeal by property owners against the Economy Borough Municipal Authority's declaration of taking for a sewerage project. The Authority passed a resolution to condemn properties, including the appellants', to extend sanitary sewer lines and construct a wastewater treatment plant. A declaration of taking was filed, specifying compensation through a bond. The property owners objected, citing inadequacies in the bond and potential future costs. The trial court, after a hearing, required the Authority to post a $500,000 bond deemed sufficient. The appellate court affirmed the trial court's dismissal of the owners' objections, emphasizing that issues not raised in preliminary objections were waived. The court found no abuse of discretion in the trial court's determination of bond sufficiency, and the Authority's compliance with security requirements was upheld. The decision underscored the importance of preliminary objections in eminent domain cases and the standards for adequate security under the Eminent Domain Code.
Legal Issues Addressed
Adequacy of Bond in Declaration of Takingsubscribe to see similar legal issues
Application: The trial court found the original unsecured bond inadequate and required the Authority to post a $500,000 cash bond as additional security, deemed sufficient under Section 403 of the Eminent Domain Code.
Reasoning: The trial court ordered the Authority to post a $500,000 cash bond for currently filed cases, with provisions for future motions from any condemnees if additional cases arise, exceeding 31.
Court's Discretion in Bond Sufficiency Determinationssubscribe to see similar legal issues
Application: The court's decision to require a $500,000 bond was upheld as it was based on the evidence presented and no abuse of discretion or legal error was found.
Reasoning: The trial court's dismissal of the condemnees' objection to the bond's sufficiency was not seen as an abuse of discretion or legal error.
Eminent Domain and Declaration of Takingsubscribe to see similar legal issues
Application: The Authority's resolution authorizing property condemnation for a sewerage project was upheld by the appellate court despite objections to the declaration of taking and the accompanying bond.
Reasoning: The case, decided by the Commonwealth Court of Pennsylvania on October 24, 2003, arose from the Authority's Resolution No. 2002-54, passed on April 18, 2002, authorizing the condemnation of properties for a sewerage project known as the Phase II Project.
Preliminary Objections in Eminent Domain Proceedingssubscribe to see similar legal issues
Application: Condemnees' preliminary objections regarding the bond's adequacy and other issues were dismissed as they did not satisfy the criteria under Section 406(a) of the Eminent Domain Code.
Reasoning: The trial court overruled her objection and dismissed the preliminary objections, finding the posted security adequate and the other objections not appropriate for consideration under Section 406(a) of the Code.
Waiver of Issues Not Raised in Preliminary Objectionssubscribe to see similar legal issues
Application: The court deemed issues not raised in preliminary objections as waived, reinforcing the necessity for such matters to be included initially to avoid waiver.
Reasoning: However, issues one and five were waived as they were not included in the preliminary objections.