Supreme Court upholds private property rights in two decisions
The U.S. Supreme Court issued two favorable decisions upholding private property rights. Read the National Association of Realtors’ (NAR) reaction to the two victories.

• In Tyler v. Hennepin County, an elderly homeowner lost her condo to foreclosure and alleged that the county violated the constitutional ban on takings without just compensation when it kept the excess proceeds from the state sale of her property that exceeded the tax debt owed. NAR, along with the American Property Owners Alliance and Minnesota Realtors, filed an amicus brief in support of the property owner's entitlement to the surplus equity, arguing the state statute effectuates an unconstitutional taking of private property under the Fifth Amendment. The court unanimously held that the homeowner had plausibly alleged a violation of the Takings Clause: “History and precedent dictate that, while the County had the power to sell Tyler's home to recover the unpaid property taxes, it could not use the tax debt to confiscate more property than was due. Doing so effected a ‘classic taking in which the government directly appropriates private property for its own use.’”
• In Sackett v. Environmental Protection Agency (EPA), two Idaho homeowners fought to develop a lot near a lake, but the EPA prohibited them from moving forward, stating the land was protected wetlands under the Clean Water Act (CWA). The "significant nexus" test was applied, which looks at whether there is a "significant nexus" between the wetlands and waters that are covered by the CWA and whether the wetlands “significantly affect” the quality of those waters. The court held in favor of the property owners, rejecting the "significant nexus test" and narrowing the definition of what constitutes a wetland under the CWA. "By the EPA's own admission, nearly all waters and wetlands are potentially susceptible to regulation under [the significant nexus] test, putting a staggering array of landowners at risk of criminal prosecution for such mundane activities as moving dirt." NAR is a party to ongoing litigation as part of a larger coalition seeking to stop a "waters of the United States" (WOTUS) rulemaking based on the significant nexus test and on a broader definition of jurisdictional wetlands. The recent decision will likely impact the future enforcement of that regulation and the outcome of that litigation.

Source: NAR.realtor; 5/26/2023

Philly region is one of only 4 metros where buying a home is cheaper than renting, analysis says
Philadelphia is holding on to its reputation as a relatively affordable place to buy a home. Home buyers across the country have been facing high prices and rising mortgage rates, but in the Philadelphia region, the monthly cost of owning a home in March was still slightly cheaper than the cost of renting — one of only four areas in the country where that is true. The median-priced home in the Philadelphia metropolitan area costs roughly 7% — about $130 — less per month to own than to rent. In the Detroit area, the typical home was 24% less expensive to own than to rent. In the Cleveland and Houston metros, homes were 4% and 1% less expensive to own, respectively. Read more here.
Source: Philadelphia Inquirer; 5/30/2023

PAR provides refresher on basics of agency
The Pennsylvania Association of Realtors (PAR) recently provided a review on the basics of agency in the commonwealth, covering frequent questions heard at the PAR Legal Hotline, such as:

• Can another agent in my brokerage help me with my client?
• Can an agent from another brokerage help me with my client?
• I have to represent the buyer if they come to my open house without an agent, right?
• Do I have to get a buyer agency contract signed to be a buyer agent? I don’t want to scare them off.
• I’m selling my own property and also representing the buyer as a dual agent … (The Legal Hotline’s response begins, “We are silently shaking our head.”)

Read the full post at the PAR JustListed blog.
Source: PAR; 5/19/2023

Falls riverfront warehouse project earns final approval
A stretch of riverfront land along Pennsylvania Avenue in Falls Township won final approval for a massive warehouse project. Developer LPC Morrisville plans to build a 973,200-square-foot warehouse at 2300 S. Pennsylvania Ave. No tenant has been determined. Developers said the warehouse, once complete, has the potential to create 500 new jobs and would also generate $963,000 in real estate taxes to Pennsbury School District, $41,000 in municipal taxes and $33,000 in annual local services taxes. The project is only the latest warehouse project to come to Falls and Bucks County. Several others are underway at the massive Keystone Trade Center, the former site of U.S. Steel.
Source: Levittown Now; 5/24/2023 & Bucks County Courier Times; 5/30/2023

EPA opens groundwater treatment plant at Chem-Fab Superfund site
Officials from the U.S. Environmental Protection Agency (EPA) announced the opening of a multimillion-dollar treatment plant a short distance away from the Chem-Fab Superfund site in Doylestown Township. The facility will treat heavily contaminated groundwater from the Chem-Fab site. Construction on the treatment center began in July 2021. EPA project manager Bob Stank cited community engagement, support from the U.S. Army Corp of Engineers and experts from the EPA, and nearly $3 million dollars from the Bipartisan Infrastructure Law as reasons the project has been a success. The EPA has also announced a proposed cleanup plan to address soil and sediment contamination at the Superfund site.
Source: Bucks County Herald; 5/23/2023

New Britain considers how to use Coleman property
New Britain Township supervisors discussed what to do with the recently purchased Coleman property. Several possible uses were previously put forward, including a pavilion, a cell tower and nature trails that would connect to the Neshaminy Greenway Trail. The supervisors agreed they need more information before making any concrete plans and decided to conduct a study with assistance from Michael Baker International. At the same meeting, the supervisors approved adoption of Ordinance 2023-04-02, which established an environmental advisory committee that will be tasked with advising township officials “on matters dealing with the protection, conservation, management and use of natural resources, including air, land, and water resources… and to help educate residents on the importance of environmental protection.”
Source: Bucks County Herald; 5/26/2023

Middletown survey seeks input on sidewalks, trails and bike lanes
Middletown Township is developing a multimodal improvement plan, which will identify opportunities to enhance pedestrian facilities, such as sidewalks, trails and bike lanes, and improve access to public transportation in the township. This plan is being fully funded by a Transportation and Community Development Initiative grant of the Delaware Valley Regional Planning Commission. A public meeting was held on May 30, where an online mapping tool and community survey were unveiled for resident participation in the plan. Information about the next public meeting, survey and mapping tool can be found on the multimodal improvement plan page of the Middletown website.
Source: Middletown Township; 5/2023

Malvern voters prefer preservation, not a bike track, for parcel off Ruthland Avenue
The majority of Malvern Borough voters in the May primary election voted in favor of preserving a 0.85-acre tract of land off Ruthland Avenue that had been considered as the location for a “pump track” bicycle park. A total of 537 voters favored granting a conservation easement, and 417 voted against it, according to unofficial results. The conservation easement will be granted to the Willistown Conservation Trust Inc. The tract is adjacent to the Malvern Fire Department property and Randolph Woods. The conservation easement designates the land for publicly accessible passive recreation and open space activities.
Source: Malvern Patch; 5/30/2023

WCASD approves final budget for 2023-2024 school year
The West Chester Area School Board passed a final budget for the 2023-2024 school year of nearly $302.3 million, approximately a $5.3 million (or 1.8%) increase over the current budget. The largest component of the budget is the salaries and benefits for the district’s 1,549 employees, which rose $6.9 million (4.7%). The district was able to balance the 2023-2024 budget with no tax increase to Chester County property owners and a 0.1% increase for Delaware County property owners (about $5 for the average household). The property tax millage rates for West Chester are among the lowest in Chester County. The district utilized savings from the 2022-2023 operations to offset the need for millage increases in the 2023-2024 budget. The district’s undesignated fund balance is approximately $19.7 million. Based on the final budget, the real estate tax rate for Chester County will remain at 22.43 mills, and the Delaware County tax rate will be 9.94 mills. The differences in the county average assessments account for the formula differences resulting in different tax rates.
Source: Daily Local; 5/29/2023

Ash Park in Coatesville awarded improvement grants
Chester County commissioners recently approved $2.5 million in 15 open space preservation and park improvement grants, including $100,000 for the first phase of planned improvements at Coatesville’s Ash Park. Plans call for a rehabilitated main entrance, a gathering space and event area, a splash pad to replace the nonfunctional swimming pools, a pavilion with a cooling station, landscaping, picnic tables, restrooms and ADA accessibility. The upgrades were laid out in 2022 as part of an overall master plan developed by the Greening Coatesville Initiative to bring massive improvements to the park. Chester Ash Memorial Park was once the social hub of the community, with an in-ground pool, a grassy field and a vibrant playground under shady trees. Over the years, funding the park’s facilities and maintenance has become a challenge, as have serious stormwater issues. The final master plan for Ash Park addresses stormwater issues and calls for a sledding hill, a native wildflower meadow, additional (and relocated) playgrounds, and a wetland to collect stormwater — complete with boardwalk coverage.
Source: Daily Local; 5/25/2023

Schuylkill River Passenger Rail Authority awaits approval of funding
The Schuylkill River Passenger Rail Authority (SRPRA) is moving ahead with plans to restore passenger rail service in the Reading to Philadelphia corridor. The authority consists of representatives from Berks, Chester and Montgomery counties working to secure federal funding and other contracts. The authority submitted a funding application on March 20 to the Federal Rail Administration Corridor Identification and Development Program. The application is for an intercity passenger rail with stops in Reading, Pottstown, Phoenixville, Philadelphia and New York. A decision is expected by late summer. In the meantime, SRPRA executive director Thomas E. Frawley said that a meeting is scheduled in June with Amtrak executives to discuss the project. In April 2021, Amtrak unveiled a plan to add 600 routes, including a passenger route from Reading to Philadelphia. In Amtrak's report, "Our Vision 2035," Amtrak reported that it serves 32 million riders a year and hopes to provide service to 20 million additional riders. More information is available on the authority's new website.
Source: Phoenixville Patch; 5/22/2023