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In Re: Condemnation by the County of Lancaster, et al. (Majority Opinion)
State: Pennsylvania
Court: Pennsylvania Eastern District Court
Docket No: 2510 C.D. 2005
Case Date: 10/30/2006
Preview:IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Condemnation by the County of : Lancaster, Lancaster County, : Pennsylvania, of an approximate 930.2 : acres of land with improvements thereon : situated at Lancaster County, : Pennsylvania for the purpose of use as : park and recreation land (Property of : Pennsylvania Lines LLC) : : Appeal of: County of Lancaster : BEFORE:

No. 2510 C.D. 2005 Argued: September 12, 2006

HONORABLE DORIS A. SMITH-RIBNER, Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE JIM FLAHERTY, Senior Judge FILED: October 30, 2006

OPINION BY JUDGE SMITH-RIBNER

The County of Lancaster (County) appeals from an order of a twojudge panel of the Court of Common Pleas of Lancaster County that sustained preliminary objections to a declaration of taking filed by the County in regard to a strip of land that formerly was part of a railroad line known as the "Enola Branch" owned by Pennsylvania Lines LLC (PRR), running approximately twenty-three miles westward from the Lancaster/Chester County border. PRR was a subsidiary of Consolidated Rail Corporation (Conrail) and was merged into Norfolk Southern Railway Company (Norfolk Southern) in August 2004. Preliminary objections to the taking were filed by the Townships of Sadsbury, Eden, Bart, Providence, Maric and Conestoga (together, Townships) and by PRR. The County questions whether the trial court erred in concluding that the exercise of eminent domain was not appropriate and that the rail line had not been abandoned and erred in determining that the County could not take the place of the Townships as to maintenance duties imposed by the Pennsylvania Public Utility Commission (PUC).

I Although the declaration of taking at issue was filed on June 16, 2004, there is a long history of proceedings involving this land. In 1989 Conrail filed notice with the Interstate Commerce Commission (ICC) of its intent to abandon rail service on the Enola Branch. In February 1990 the ICC authorized termination of rail service subject to conditions including that Conrail not transfer the property or take steps to alter the historical integrity of bridges on the line until completion of a historic review. The historic review process commenced but was not completed. In 1993 the ICC authorized Conrail to abandon service but made no mention of the historic review. In 1993 Conrail also applied to the PUC for abolition of the line's railhighway crossings. In those proceedings, after extensive negotiations, Conrail and seven townships and the Pennsylvania Department of Transportation entered into two Stipulations of Settlement (Stipulations) that provided for abolition of the railhighway crossings along the Enola Branch, the transfer of Conrail's property to the townships, payments to them totaling $1.4 million for assumption of future maintenance responsibilities for crossing structures and demolition of some structures determined to be safety hazards. The PUC approved the Stipulations on October 9, 1997, and this Court affirmed on appeal by a private group seeking to acquire the land to develop a trail. Friends of Atglen-Susquehanna Trail, Inc. v. Pennsylvania Public Utility Commission, 717 A.2d 581 (Pa. Cmwlth 1998). On January 18, 2005, the Surface Transportation Board (STB), the successor to the ICC, accepted a memorandum of agreement and concluded the historic review process and authorized abandonment of the rail service. On February 17, 2005, Norfolk Southern issued a letter exercising its granted authority

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to abandon the line. On June 16, 2004, the County filed its declaration of taking to exercise its power of eminent domain to acquire the Enola Branch property for use as park and recreation land. PRR and the Townships filed preliminary objections. The trial court first pointed out that under Section 303 of the former Eminent Domain Code1 the act was intended to provide an exclusive procedure and law to govern all condemnation of property for public purposes and the assessment of damages: "Provided, however, That nothing in this act shall be deemed to affect, vary, alter or modify the jurisdiction or power of the Public Utility Commission of the Commonwealth of Pennsylvania...." Also, Section 2402 of The County Code, Act of August 9, 1955, P.L. 323, as amended, 16 P.S.
Download 2510cd05-10-30-06.pdf

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