Can a Township Condemn to Build a Charter School?
The Bear Creek, Pennsylvania Community School District was denied the power to acquire land for a private charter school.
The determination was made by a Commonwealth appellate panel.
The reality of the situation is that if the Pennsylvania’s statutes and constitution allowed takings for private educational institutional purposes, this condemnation may have been successful. However, Appellate Judge Leavitt rightfully found that the statutory public purpose requirement was not fulfilled. See Bear Creek Township v. Riebel, 72 C.D. 2011.
Bear Creek Township can't take private property by eminent domain to expand the Bear Creek Community Charter School, Commonwealth Court judges said Monday.
The three-judge panel overturned a ruling by Luzerne County Court upholding the township's taking of 48.86 acres of undeveloped land owned by Joan H. Riebel, Harold J. Harris and Brian W. Harris.
The Commonwealth Court judges stated in their ruling reversing the county court's order that the township's real purpose in the condemnation was for the expansion of the charter school, not recreation, and that second class township code "does not authorize a taking for a charter school or, for that matter, any school."
