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PA Supreme Court Shifts How Courts Assess Impact of Takings In Eminent Domain Cases

By Alan Nochumson and Alex Goldberg and Aaron Lipson
June 30, 2025

In a decision that could reshape how property rights are valued in Pennsylvania, the Pennsylvania Supreme Court ruled in Pignetti v. Pennsylvania Department of Transportation, 2025 Pa. LEXIS 597 (Apr. 25, 2025), that property owners may receive just compensation for noncontiguous parcels taken by the government — so long as those parcels were functionally unified.

In a closely divided opinion, the Supreme Court interpreted Pennsylvania’s Eminent Domain Code, 26 Pa. C.S. Section 101 et seq., to allow grouped valuation of separate properties when used together for a common purpose. The ruling marks a significant shift in how courts may assess the impact of takings on complex property holdings, especially in cases involving commercial or agricultural operations spread across multiple tracts.

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