McConnell Appeal
McConnell Appeal
Opinion of the Court
Opinion by
On September 19, 1966, appellee, a natural gas company, presented to the court below four petitions which sought approval of condemnation bonds in unlimited amounts with approved surety, in connection with the condemnation of easements across the land of four property owners (appellants herein). Each appellant filed exceptions to the petition alleging, inter alia, that the taking was unreasonable, arbitrary and capricious, and otherwise challenging appellee’s right to condemn the property. On September 23, 1966 the court below entered an order approving the bond. From that order appellants have appealed.
Appellee has filed motions to quash the appeals on the ground that the order appealed from was inter
In its petition for approval of the bond, appellee averred that it was authorized to exercise the right of eminent domain by reason of the natural gas companies Act, Act of May 29, 1885, P. L. 29, §10, 15 P.S. §3549. That Act, which grants to natural gas companies the right of eminent domain, does not provide a procedure whereby a natural gas company’s purported condemnation may be challenged.
In contrast, the statutes authorizing condemnation by electric companies (Act of May 8, 1889, P. L. 136, §4, added May 21, 1921, P. L. 1057, §1, 15 P.S. §3272) and telephone and telegraph companies (Act of June 5, 1947, P. L. 424, §1, 15 P.S. §3304), expressly provide for public hearing before the Public Utility Commission on the question of the necessity or propriety of the condemnation prior to the exercise of the power.
Dissenting Opinion
Dissenting Opinion by
I cannot agree with the majority’s conclusion that the procedure for contesting the validity of this taking is governed by the Eminent Domain Code of 1964. Section 901 of that code declares: “This act shall not . . . repeal, modify or supplant any law insofar as it confers the authority or prescribes the procedure for condemnation of rights-of-way or easements for occupation by water, electric, gas, oil and/or petroleum products, telephone or telegraph lines used directly or indirectly in furnishing service to the public. If the condemnation for occupation by water, electric, gas, oil and/or petroleum products, telephone or telegraph lines consists of the taking of a fee, all the provisions of this act shall be applicable.” Act of June 22, 1964, P. L. 84, §901, 26 P.S. §1-901 (Supp. 1966). (Emphasis supplied.) This section is a clear and unmistakable legislative command that, when certain public utilities condemn less than a fee, the procedure to be followed is not changed by the Eminent Domain Code of 1964, but rather is the same as that which obtained prior to passage of the code. See Snitzer, Pennsylvania Eminent Domain §406-2.3, at 157 (1965). In the instant case appellee natural gas company sought easements and therefore appellant should have proceeded under the Act of May 29, 1885, P. L. 29, §10, as amended, 15 P.S. §2031 et seq., detailing the procedure to be followed in situations where a gas company seeks to condemn an easement.
Neither Valley Forge Golf Club v. Upper Merion Township, 422 Pa. 227, 221 A. 2d 292 (1966) nor Greenwald Appeal, 424 Pa. 318, 227 A. 2d 166 (1967) support the majority’s conclusion that the Eminent
I dissent.
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