In early July 2017, in a case titled Valley Forge Towers Apartments N, LP, et al. v. Upper Merion Area School District & Keystone Realty Advisors, LLC, No. 49 MAP 2016, the Pennsylvania Supreme Court delivered a landmark decision constitutionally curbing the rights of taxing jurisdictions to file selective appeals under Pennsylvania’s Consolidated County Assessment … Continue Reading
Pennsylvania organizations hoping to increase development of public amenities and parks along Pennsylvania’s waterfronts may soon benefit from the new “Waterfront Development Tax Credit” enacted as part of Act 84, and signed into law by Governor Wolf on July 13, 2016. Intended to “encourage private investment in waterfront property”, the new law grants tax credits … Continue Reading
Several counties in Pennsylvania are conducting countywide property reassessments. This update provides status changes for Washington, Blair and Lancaster Counties, along with a set of important deadlines and basic assessment appeal information. Washington County Washington County rolled out informal notices setting forth the tentative reassessment values for tax year 2017 for commercial properties last week, … Continue Reading
It’s that time of year again, as Pennsylvania real property tax assessments will soon be upon us. It is important that property owners do not take an assessment or reassessment at face value. Please contact us if you would like assistance in evaluating your property for a possible 2016 appeal. The annual appeal deadlines for … Continue Reading
By Steven M. Regan and William G. Bornstein on Posted in Real Estate (U.S.)
The Pennsylvania Legislature enacted extensive changes to Title 56 of the Decedents, Estates and Fiduciaries Code affecting powers of attorney, effective as of January 1, 2015. The amendments create a number of issues for creditors in commercial transactions and individuals and businesses engaging in the transfer of equity interests, bonds or other assets of a … Continue Reading
In an article titled“The State of Compulsory Integration in Pennsylvania” that appears in The Legal Intelligencer, Michael Joy, Robert Jochen and Steven Chadwick of our Pittsburgh office review the challenges oil and natural gas developers face in Pennsylvania. The authors argue that an established compulsory integration process will benefit the industry by providing a predictable permitting … Continue Reading
In September, the Pennsylvania Supreme Court unanimously decided in Reading Area Water Authority v. Schuylkill River Greenway, that a “water authority” may not condemn a utility easement over privately-owned land for the sole purpose of providing a private developer sewage and drainage facilities for a proposed residential housing development. The case is important because it … Continue Reading
this is a follow-up to an earlier blog post on this issue from March, 2014 On Thursday, August 14, 2014, the Supreme Court of Pennsylvania advised that it would consider the appeal from the Superior Court determination dated March 14, 2014 in the matter of Sheddon v. Anadarko E&P Co. LP. We will continue to update this … Continue Reading
On Tuesday, July 8, 2014, the Pennsylvania State Senate passed the Commonwealth’s fiscal code by a margin of 26 to 22. Included within the fiscal code, as a companion piece to the legislation, were provisions critical to the Commonwealth’s commitment to future natural gas development on state lands. Specifically, the fiscal code included measures which: … Continue Reading
On July 9, 2014, Governor Corbett signed Act 117 of 2014, amending Pennsylvania’s Mechanics’ Lien Law of 1963 (Act of August 24, 1963, P.L. 1175, No. 497, 49 P.S. §1101, et seq.). One of the principal purposes of the amendments appears to be the overruling of the Pennsylvania Superior Court’s decision in Commerce Bank/Harrisburg, N.A. … Continue Reading
This post was written by Dusty Elias Kirk and Peter Schnore Pennsylvania real property tax appeal “season” is upon us once again. It’s important that a property owner not take an assessment at face value. For 66 of Pennsylvania’s 67 counties, the 2015 real property tax appeal deadlines fall between August 1 and the first Monday of … Continue Reading
This post was also written by Peter Schnore. The Honorable R. Stanton Wettick, Jr., Senior Judge of the Allegheny County Court of Common Pleas, spoke at the monthly meeting of the Real Estate Section of the Allegheny County Bar Association held on April 10, 2014. It is not surprising that Judge Wettick’s topic was real … Continue Reading
On March 14, 2014, the Superior Court of Pennsylvania ruled in favor of an oil and gas exploration company, applying the doctrine of estoppel by deed to prevent a landowner from partially repudiating an existing oil and gas lease. This decision is significant for oil and gas lessees as it stands for the proposition that … Continue Reading
Conveying oil and gas interests in Pennsylvania raises the question as to whether the document conveying the interest is subject to realty transfer tax and, if so, how the value of the interest determined and the tax calculated. Oil and gas transactions create a variety of interests in property. An oil and gas lease creates … Continue Reading
Urban areas, including the periphery, are now experiencing reverse migration back to the urban centers. This trend links to baby boomers who are now ‘empty nesters’ looking to eliminate work commutes and fulfill a desire for proximity to urban entertainment and cultural centers. Millennials have a role in this demographic shift, favoring a lifestyle where … Continue Reading
This post was also written by Peter Schnore. The Pennsylvania Supreme Court’s December 2013 decision regarding the constitutionality of the 2012 law amending Pennsylvania’s Oil and Gas Act (Act 13) came as a disappointment to the oil and gas industry. Conversely, the decision was a holiday gift to those governments, groups and individuals seeking greater … Continue Reading
The Pennsylvania legislature is considering amendments to the Guaranteed Minimum Royalty Act (GMRA) that would require oil and gas lessees to disclose to oil and gas lessors the post-production costs deducted from the sale of gas to calculate the royalty owner’s 12.5 percent minimum guaranteed royalty. House Bill 1414 would require oil and gas producers … Continue Reading
Pa. House Bill would end longstanding blanket conveyancing practice and increase transaction costs. The Pennsylvania House of Representatives is considering drastic changes to Pennsylvania recording and conveyancing laws that would significantly increase real property transactional costs. House Bill 942, introduced March 12, 2013, would prohibit the transfer of multiple properties with one instrument, except for … Continue Reading
Title to Oil and Gas in PA Threatened In 1882, the Supreme Court of Pennsylvania pronounced what would be known as the Rule in Dunham’s Case. In Dunham and Shortt v. Kirkpatrick, the Pennsylvania Supreme Court held that a grant or reservation of "all minerals" does not include oil or gas, despite the fact that … Continue Reading
This posting was also written by Curt Heffler. Construction Ahead: In a recent Pennsylvania Superior Court case (Commerce Bank v. Kessler), the court held that an open-end mortgage recorded after commencement of construction on the mortgaged property does not have statutory priority over a subsequently recorded mechanic’s lien unless all of the proceeds of the loan … Continue Reading
