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Docket No.: 2019 CV 5467 CN

Eminent Domain

Action in Rem



FON P. ZAMCHO, Condemnee


TAX PARCEL NO. 36-012-521

In accordance with Section 305 of the Eminent Domain Code, 26 Pa. C.S.A. §305, The Township of Lower Swatara notifies you that:

  1. A Declaration of Taking, based on the provisions of Chapter 3, Section 302 of the Eminent Domain Code, Act of May 4, 2006, P.L. 112, No. 34, §1, 26 Pa. C.S.A.§302 as amended, was filed on July 18, 2019, in the Court of Common Pleas of Dauphin County at the above-named term and number.

  2. A portion of your property, known as Tax Parcel No. 36-012-521, located at 2097 Mountainview Road, Middletown, Pennsylvania 17057 has been condemned for the purpose of rehabilitating, repairing, and/or replacing public storm sewer line(s) and its appurtenances.

  3. The Condemnor is the Township of Lower Swatara acting through its Board of Commissioners.

  4. The address of the Condemnor is 1499 Spring Garden Drive, Middletown, PA 17057.

  5. The Township is authorized by the provisions of the First Class Township Code 53 P.S. §56901, et. seq. as amended and the Eminent Domain Code, to acquire by lease, purchase or condemnation, any land lying either within or without the territorial limits of Lower Swatara Township, which may be necessary and desirable for the purpose of establishing and maintaining the storm sewer system.

  6. This Declaration of Taking is made and authorized by virtue of Resolution 2019-R-6, duly adopted by the Board of Commissioners of the Township of Lower Swatara at a public meeting held on July 17, 2019 in the Lower Swatara Township Municipal Building. The record of said public meeting being the minutes thereof, and the original Resolution with the accompanying plans made be examined at the Township’s offices, 1499 Spring Garden Drive, Middletown, PA 17057.

  7. The purpose of the within condemnation and this Declaration of Taking filed incidental thereto is to acquire a Temporary Construction Easement for the purpose of rehabilitating, repairing, relocating and/or replacing a storm sewer mainline and its appurtenances adjacent to the property or which is subject of this condemnation.

  8. The nature of title hereby acquired is a Temporary Construction Easement. The Temporary Construction Easement shall terminate upon completion of the construction work on the public storm sewer mainline adjacent to the property which is the subject of this condemnation.

  9. Plans showing the property condemned have been lodged for record in the Office of the Recorder of Deeds in and for Dauphin County at Instrument No. 20190017210 in accordance with §304 of the Eminent Domain Code, 26 Pa. C.S.A. §304.

  10. A plan showing the condemned property may be inspected at the address of the Condemnor and the Dauphin County Recorder of Deeds, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania.

  11. The payment of just compensation of this matter is secured by the taxing power of the Township pursuant to §303(a)(b) of the Eminent Domain Code, 26 Pa. C.S.A. §303(b). Just compensation is made or secured by said taxing power.

  12. If you wish to challenge the power or right of the Township of Lower Swatara to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor or the Declaration of Taking, you are required to file preliminary objections within thirty (30) days after receipt or publication of this notice.

                                    Peter R. Henninger, Jr., Esquire

                                    Solicitor for The Township of Lower Swatara

                                    Attorney I.D. #44873

                                    339 W. Governor Rd., Ste. 201

                                    Hershey, PA 17033


#187 0814-1t

Posted 8/14/2019