Declaration of Taking Because the Opening of a Street Was Different from An Eminent Domain Action
In Jordan Appeal, 73 Pa. Commw. 572, 459 A.2d 435 (Pa. Cmwlth. 1983), the Borough of White Oak took part of a road, pursuant to a resolution, by eminent domain.
The borough council adopted a resolution that had authorized the filing of a declaration of taking for the acquisition of the land.
The landowner filed preliminary objections and asserted that the Borough was required to proceed by ordinance rather than by resolution, to afford public notice and an opportunity for a hearing before council in accordance with the Borough Code, governing the authority to open streets.
The common pleas court dismissed the preliminary objections concluding that a resolution was sufficient to authorize a declaration of taking because the opening of a street was different from an eminent domain action.