Legal Question in Real Estate Law in Pennsylvania

Water Authority purchase of land.

Is there any laws stating that I must sell a piece of property to my local water authority? They want to buy a 50 foot by 50 foot section of land, off a corner lot, on which I plan on building a new home. There is a total of 1.43 acres in the deed for that property. They only want to pay for the 50 foot by 50 foot section. If I sell it to them, I won't be able to build my house on the property because of septic placement. So the rest of the property will be useless to me.


Asked on 1/14/02, 11:53 pm

2 Answers from Attorneys
Adam Shapiro Danziger & Shapiro, LLP

Re: Water Authority purchase of land.

There are laws which protect your land from being taken by the water authority. In most cases, they basically leave you with two choices, (a) you can try to stop the authority from taking the land, or (b) you can try to force them to take the entire lot, as it will be useless to you after they take the corner. Choice (a) is difficult, if they really need the land they've got a good chance at being able to take it. Choice (b) leaves you with the option of negotiating for how much they'll pay for the land. If they take more, or even if their taking of the corner means you can't use the rest of the property, you can try to get them to pay you for the entire parcel. Your individual scenerio may be a little different, but generally this is what is done. The law in this area is complex, and it probably would be beneficial for you to contact an attorney who can review your specific case. I'd be happy to answer any more questions you may have if you want to give me a call.

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Answered on 1/15/02, 9:17 am
Brandon Barnett Brandon J. Barnett Attorney At Law

Re: Water Authority purchase of land.

I agree with the other attorney. You are dealing with the issue of eminent domain and the government does have a taking authority but you are entitled to fair compensation, if the partial taking leaves your property without any true value that you should be entiteld to compensation.

I suggest you seek counsel as well. My firm is in the western part of the state. All new clients receive a free initial consultation.

Sincerely,

Brandon Barnett, Esq.

412-916-1677

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Answered on 1/27/02, 2:47 pm


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