Justices Won’t Review Pa. Coal Mining Takings Ruling – Law360


By Morgan Conley (October 4, 2021, 4:17 PM EDT) — The U.S. Supreme Court on Monday declined to review a Pennsylvania Supreme Court ruling that a new highway cutting off access to a 73-acre coalfield didn’t constitute a “de facto” taking under state eminent domain law.

Penn Pocahontas Coal Co. and PBS Coals Inc. argued in their petition for a writ of certiorari to the high court in July that the Pennsylvania Department of Transportation’s construction of a highway through the potential coal mining site did represent a “de facto” taking of the land under Pennsylvania’s eminent domain law.

The companies had argued that the “erroneous decision,” which said it wasn’t…

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