Bear Creek Township v. Riebel
37 A.3d 64
Pa. Commw. Ct.2012Background
- 48.86 acres of undeveloped land owned by Landowners; Bear Creek Township condemned land to facilitate a charter school and adjacent recreational facilities; Development Agreement allocated cost and condemnation to the Foundation; Public Use and Access Agreement set public access hours for some facilities; Declaration of Taking filed October 5, 2009, with Exhibit B describing the Recreation/Charter School Project; Landowners objected that condemnation was not authorized for school construction and that bond posting may be required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether township power to condemn for charter school is authorized | Riebel argues Section 2201 limits to recreational purposes, not schools | Township argues recreational purpose includes school facilities incidental to recreation | Not authorized; charter school not within Section 2201 |
| Whether bond is required for condemnation | Landowners contend insufficient security due to tax base | Court should not require bond beyond Eminent Domain Code provisions | Not essential to decision; case reversed on authority grounds |
| Whether amendment of Declaration of Taking to add statutes was proper | Amendment unchecked by preliminary objections; inadequate citations | Amendment proper to specify authority | Amendment not dispositive; reversal on authority grounds |
| Whether actual purpose was public recreation or school expansion | Declaration of Taking and Exhibit B show school construction as primary目的 | Plan framed as recreational project; incidental school use | Facility primarily for school expansion; condemnation not authorized under Second Class Township Code |
| Whether Landowners waived issues by not raising them in preliminary objections | New theories raised on appeal; waived | Waiver applies; review limited to objections raised | Waived issues; focus remained on authority to condemn for school |
Key Cases Cited
- Middletown Township v. Lands of Stone, 595 Pa. 607, 939 A.2d 331 (Pa. 2007) (recreational purpose must be real and fundamental, not post hoc)
- Township of Millcreek v. Angela Cres Trust, 25 A.3d 1288 (Pa.Cmwlth.2011) (eminent domain power limited to express terms; cannot widen scope by need or reasonableness)
- Pidstawski v. South Whitehall Township, 380 A.2d 1322 (Pa.Cmwlth.1977) (condemnation presumed lawful but must align with statutory scope)
- In re Condemnation of Land for the South East Central Business District Redevelopment Area #1, 946 A.2d 1143 (Pa.Cmwlth.2008) (condemnation under Urban Redevelopment Law; relevance to public purpose)