Peters v. Commonwealth
Peters v. Commonwealth
Opinion of the Court
OPINION
We here consider a challenge to the legality of condemnation by the Commonwealth of Pennsylvania for state park purposes of farm property owned by the appellants.
On December 30, 1970, as part of the land acquisition plan for the Evansburg State Park Project in Montgomery County, the Department of Forests and Waters
“[f]or the purpose of promoting healthful outdoor recreation and education, and making available for such use natural areas of unusual scenic beauty, especially such as provide impressive views, water falls, gorges, creeks, caves, or other unique and interesting features, to acquire, in the name of the Commonwealth, by purchase, gift, lease, or condemnation, any lands which, in the judgment of the department, should be held, controlled, protected, maintained and utilized as State park lands . . . ”
To the Declaration of Taking the Peters filed preliminary objections alleging procedural irregularities and challenging the power of the Department to take their land under Section 1806(b). After a hearing, the court of common pleas of Montgomery County dismissed the preliminary objections, and this action was affirmed on
The Commonwealth Court interpreted § 1806(b) as empowering the Department to condemn land for park use either for the purpose of promoting healthful outdoor recreation and education or in order to make available for such use areas of unusual scenic beauty. Appellants’ main contention is that such an interpretation does violence to the plain meaning of the words of the statute. Claiming that the purpose clause of the statute is clearly cast in the singular, they argue that a plurality of purposes may not be created by the courts under the guise of statutory construction. They insist that the Department’s authority to condemn is limited strictly to lands of unusual scenic beauty which would serve to promote outdoor recreation and education. As further support for their interpretation, they point to the strict construction which is due statutes conferring the power of eminent domain. See Statutory Construction Act of 1972, 1 Pa.C.S. § 1928(b) (4) (Pamphlet 1973). Because the evidence established that their farm property is not of “unusual scenic beauty”, appellants conclude that the Department is powerless to condemn it under § 1806(b), notwithstanding that the property, according to uncontradicted testimony, has a number of “interesting features that would lend themselves to the Department’s program for state park development” (N.T.150a).
In resolving this conflict as to the proper interpretation of § 1806(b), our task is, first, to ascertain the intention of the legislature in enacting the provision, and then to construe it in such a way as to effectuate the legislative intent. Statutory Construction Act of 1972, 1 Pa.C.S. § 1921(a) (Pamphlet 1973); Commonwealth v. Rieck Investment Corp., 419 Pa. 52, 213 A.2d 277 (1965); Davis v. Sulcowe, 416 Pa. 138, 205 A.2d 89
We find appellants’ reading of the statute unduly restrictive and inconsonant with what we discern as the legislative intent underlying § 1806(b). By the terms of § 1806,
Appellants also contend that the Department is precluded from relying on § 1806(b) as authority for the taking when it had originally informed them that the land was to be a Project 70 acquisition.
Order affirmed.
. Now the Department of Environmental Resources. See Section 1901-A of the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, art. XIX-A, added by Act of December 3, 1970, P.L. 834, No. 275, § 20, 71 P.S. § 510-1(1) (Supp.1975-1976), and Section 202 of the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, art. II, as amended, 71 P.S. § 62 (Supp.1975-1976).
. The Project 70 legislation authorizes the creation of debt and the issuance of bofids in the amount of seventy million dollars in order to acquire land for state parks, reservoirs and other conservation, recreation and historical purposes. Section 4 of the Project 70 Land Acquisition and Borrowing Act, supra, 72 P.S. § 3946.4. Section 17(a) of the Act, 72 P.S. § 3946.17(a) empowers the Commonwealth to acquire land for the above purposes by means of condemnation. See Avery v. Commonwealth, 2 Pa. Cmwlth. 105, 276 A.2d 843 (1971); Commonwealth v. Kahn, 46 D. & C.2d 529 (Pa.C.P. 1969).
. It is now Section 1906-A of the Administrative Code of 1929, supra, 71 P.S. § 510-6(2) (Supp.1975-1976).
. The Statutory Construction Act, 1 Pa.C.S. § 1921(c) (Pamphlet 1973) provides a non-exclusive list of these considerations:
(1) The occasion and necessity for the statute.
(2) The circumstances under which it was enacted.
(3) The mischief to be remedied.
(4) The object to be attained.
(5) The former law, if any, including other statutes upon the same or similar subjects.
(6) The consequences of a particular interpretation.
(7) The contemporaneous legislative history.
(8) Legislative and administrative interpretations of such statute.
. Section 1806(a)-(j) of the Administrative Code of 1929, supra, 71 P.S. § 466(a)-(j).
. See note 2, supra.
. See Section 17(e) of the Project 70 Land Acquisition and Borrowing Act, supra, 72 P.S. § 3946.17(e). The Peters claim their property is of special historical significance and deserving of the
. The testimony reveals that the reason for the choice was the probable unavailability of sufficient Project 70 funds for acquisition of the Peters’ property. Moreover, there is no incompatability between the Project 70 legislation and the Administrative Code as far as the nature of lands permitted to be acquired by the Department.of Forests and Waters is concerned. Under § 18(a) of the Project 70 Land Acquisition and Borrowing Act, supra, 72 P. S. § 3946.18(a), lands to be acquired by the Department “shall be such that they may be utilized for recreation, conservation and historical purposes and shall contribute to the sound development of the State’s recreational resources.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.