In Borough of Walnutport v. Dennis, the Commonwealth Court of Pennsylvania restated Pennsylvania black letter law that any claim for damages caused by an alleged condemnation must be brought pursuant to the procedures of the Eminent Domain Code. In that case, decided December 3, 2010, a borough sued a property owner for costs associated with installing curbing on the property. The property owner sought to include in his counterclaim that the Borough interfered with access to his property which effected a taking. The Commonwealth Court restated the long standing rule in Pennsylvania that any claim for an alleged condemnation must be brought pursuant to the Eminent Domain Code.
The lesson is that if you believe that the action of a governmental entity has caused the taking of your property, you may only pursue eminent domain damages pursuant to the Eminent Domain Code.