| A Pennsylvania trial court has ruled that a moratorium may create a compensable, temporary taking of land. In the case, Nolan v. Newtown Township, an 18 month development moratorium prevented a landowner from subdividing his parcels into single-family lots.
The ruling stated, “Certainly, the Township has prevented Mr. Nolan from proceeding with subdivision plans for his properties. He has been deprived of the beneficial use and enjoyment of his property.”
The court held that while the moratorium itself was valid, the effect on landowners such as Nolan could not be ignored. Citing the U.S. Supreme Court’s decision in First v. English, the Pennsylvania Court noted that even temporary takings require compensation under the law, and that moratoria are clearly capable of causing a temporary taking. |
