December 9th, 2021 — By — In OCA Blog
Must Taking Authority Have Power to Condemn To Take Property By Inverse Condemnation? Maybe Not
Under the inverse condemnation statutes and laws in most states, any authority or body that has the power of eminent domain and that has taken some action resulting in private property being taken, destroyed or damaged may be sued based on a claim of inverse condemnation. But what if the authority or body (i.e. the party responsible for the taking or damaging) does not actually possess the power of eminent domain? May it still be charged with an inverse condemnation claim? In many states, the courts have said no; the party being accused of the taking must possess the power of eminent domain, either directly or by an act of delegation. However, recently the Pennsylvania Supreme Court ruled differently, finding in Hughes v. UGI Storage Co., No.J-69A-2021 (Nov. 29, 2021) that UGI Storage did not need a prior delegation of eminent domain power to be (potentially) liable for inverse condemnation under Pennsylvania law. To read more about the case, the facts and the basis of this unusal legal holding, click here.