On December 27, 2007, the Supreme Court of Pennsylvania issued an opinion approving the use of eminent domain by the Philadelphia Redevelopment Authority to acquire property for the construction of a faith-based school.  The case, which involved the taking of certain properties that were certified as blighted by the City of Philadelphia’s Planning Commission, hinged on whether taking the property violated the United States Constitution’s prohibition on governmental establishment of religion.

In deciding that there was no constitutional violation, the majority focused not on the religious nature of the proposed school, but rather the elimination of blight pursuant to the Urban Redevelopment Act, 35 P.S. § 1702.  Writing for the majority, Justice Baldwin stated, “[t]he elimination of blight is a valid public purpose that, in the absence of bad faith, is completely separate from any religious use of the property subsequent to the taking.”  Justice Baldwin went on to state, “[t]he exercise of eminent domain to eliminate blight has been approved repeatedly by both [the Supreme Court of Pennsylvania] and the United States Supreme Court.”

While the majority recognized that its decision was reached “under the limited facts of this case”, it is possible that governmental entities could seek to condemn properties for other religious projects by arguing that such takings are for a valid public purpose separate from the religious nature of the project.

If you have any questions concerning eminent domain issues, please contact Timothy J. Nieman at (717) 231-6614.