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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116710
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My mother's house is next to a Navy Base that was closed a

Customer Question

Hello! My mother's house is next to a Navy Base that was closed a few years ago under BRAC. Our city took over the property and leased it to a construction company who placed several office "trailers" and loaded the property with construction equipment. It looks like a junkyard when before it was just an open area with a few buildings. My mom p,assed in April and my brother and I are selling her home. It originally listed for $129,900, then down to $114,900, and now it looks like we can get no more than $99,900 because of the base closure and its current use. Is it possible to sue the city for loss of property value if we can prove the loss is directly related to the base activity? I know the gov't helps military personnel in these cases, but can find no mention of civilian assistance in base closures so think the city would be the target. Is this an eminent domain situation? The head of redevelopment who arranged the lease said at a meeting this would increase our property value. So opposite. I feel we are being robbed. Thanks
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: PA
JA: Have you talked to a lawyer yet?
Customer: Pennsylvania
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under PA law, a municipality has immunity from civil suit for these types of discretionary actions and as such I am afraid you cannot sue the city.
If the construction company who dumped equipment on the property creating the nuisance, then you can seek to sue the construction company to get an injunction to force them to remove their garbage from the property and to seek damages for the devaluation their nuisance caused to your property, but that is the only recourse.