July 8th, 2021 — By — In OCA Blog
Pennsylvania Property Owner Prevents Powerlines Across Property
When the Altoona/Logan Mobiile Emergency Medical Department Authority (AMED), an entity created by the city of Altoona to condemn property for a powerline to serve a new ambulance station, sought to take Roy Powell’s property, he objected. Represented by OCA Member Mike Faherty, Powell challenged the authority’s eminent domain power as well as the overly broad nature of the taking. On Tuesday, Powell was vindicated, when a three-judge panel of the Commonwealth Court issued a lengthy decision reversing a lower judge’s dismissal of his objections. It ruled that AMED does not have the statutory power to condemn land for the purpose of installing electric transmission lines and also that the description of the property to be condemned for an easement was “inadequate.” OCA Member Faherty said after the ruling that his client was “elated” by the decision. “This is a great victory for Mr. Powell and for property rights,” he added.