Fisher v. Baden Gas Co.

Supreme Court of Pennsylvania
Fisher v. Baden Gas Co., 138 Pa. 301 (Pa. 1890)
22 A. 29; 1890 Pa. LEXIS 1272
Collum, Green, Mitchell, Paxson, Sterrett, Williams

Fisher v. Baden Gas Co.

Opinion of the Court

Per Curiam:

The first three assignments of error do not conform to the Rules of Court. The fourth alleges that the court below erred in not affirming the appellant’s first point, which point was as follows:

“ That a natural-gas company has no right in law to set off against damages for right of way, any benefits, either general or special, which may accrue to the property by reason of the presence of its line. ”

The natural-gas act of 1885, provides that if the company cannot agree with the owner as to the amount of damages, the *306viewers shall “ assess the damages proper to be paid to the property owner for the easement.” Beyond this, the act fixes no measure of damages. In the case of railroads, and in some other instances where corporations are clothed with the power of eminent domain, the legislature has provided that the damages shall be determined after a fair and just comparison of the advantages and disadvantages to the property taken: See § 11, act of February 19, 1849, P. L. 84. We have therefore only the constitutional provision, that “ just compensation for property taken, injured or destroyed,” shall be made by a corporation which takes private property for public use by virtue of its right of eminent domain. What is “ just compensation ?” Is it anything more than the surplus of damage over the special benefits conferred? The legislature has practically said that this fills the constitutional requirement when land is taken by a railroad corporation. And if it does so in that instance, why not in the case where land is taken by a gas company ? The landowner is entitled to no more than “ just compensation.”

Judgment affirmed.

Reference

Full Case Name
WILLIAM FISHER v. BADEN GAS CO.
Cited By
3 cases
Status
Published
Syllabus
[To be reported.] 1. An assignment of error to the admission of an offer of testimony, which does not show what testimony, if any, was admitted in pursuance of the offer, will bo disregarded as not in accordance with the rules of the Supreme Court. 2. The measure of damages for an appropriation of land, under the act of May 29, 1885, P. L. 29, for the construction and maintenance of a pipe line for the conveyance of natural gas, is that prescribed by article XVI., § 8, of the constitution, viz., just compensation. 3. Just compensation to the landowner for such an appropriation, consists of the surplus of the damage done to the land, over and above the amount of the special benefits, if any, accruing to the property by reason of the maintenance of the pipe line upon it.