204 A.3d 1009
Pa. Commw. Ct.2019Background
- In 1990 McCready conveyed 28.527 acres to the Pennsylvania Turnpike Commission by deed in lieu of condemnation; the deed recites conveyance of "all the estate, right, title, interests...whatsoever" with no reservation of mineral rights and states the deed is "granted in lieu of condemnation."
- In 2012 McCready sued to quiet title to the mineral estate, claiming she intended to retain minerals because the Commission did not need subsurface rights to construct, operate, or maintain the turnpike and the Commission was not authorized to take a fee simple interest in minerals.
- The Commission responded that the deed is unambiguous and conveyed fee simple title, and that it had statutory authority and discretion to acquire fee title.
- The trial court held an evidentiary hearing on whether acquiring fee simple (including minerals) was excessive; testimony conflicted on historical drilling practices and whether surface stability required mineral ownership.
- The trial court initially held for the Commission; this Court concluded the Board of Property (Board) had exclusive jurisdiction and remanded the record to the Board. The Board treated the deed as unambiguous, refused parol evidence, and granted judgment for the Commission. The Court affirmed the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the deed conveyed mineral rights or reserved them | McCready: deed should be reformed or construed to except minerals; she intended to retain minerals | Commission: deed language is clear and conveys all estates; parol evidence is inadmissible | Deed unambiguous; conveys fee simple including minerals; parol evidence barred |
| Whether the Commission was authorized to acquire fee simple mineral estate | McCready: Commission lacked statutory authority to take mineral rights unnecessary for turnpike | Commission: statute permits acquiring lands or interests "necessary or convenient" and discretion to purchase fee simple | Commission had statutory authority and discretion to acquire fee simple; acquisition lawful |
| Whether acquisition of fee simple was excessive or an abuse of discretion | McCready: taking minerals was excessive; factual disputes (drilling tech, need for subsurface control) preclude summary disposition | Commission: heavy presumption favoring condemnor; testimony supports reasonableness and need for control | Objector bears heavy burden to prove abuse; Board’s finding of no abuse supported by substantial evidence |
| Whether administrative forum properly applied civil summary judgment rules | McCready: relied on civil summary judgment principles to argue factual disputes should defeat motion | Commission/Board: administrative rules govern; motion to dismiss for legal insufficiency appropriate; parol evidence rule controls | Administrative rules apply; Board correctly applied deed-construction and summary/adjudicative standards |
Key Cases Cited
- McCullough v. Department of Transportation, 578 A.2d 568 (Pa. Cmwlth. 1990) (administrative proceedings apply Department practice rules, not Pa.R.C.P.)
- Pennsylvania Electric Co. v. Waltman, 670 A.3d 1165 (Pa. Super. 1995) (unambiguous deed terms determine parties’ interests; parol evidence barred absent fraud, accident, or mistake)
- In re Pennsylvania Turnpike Commission, 84 A.3d 768 (Pa. Cmwlth. 2014) (objector must prove condemnor abused discretion; strong presumption condemnor acted properly)
- In re Condemnation of Property of Waite, 641 A.2d 25 (Pa. Cmwlth. 1994) (burden on condemnee to prove abuse of discretion or bad faith)
- Ralston v. Ralston, 55 A.3d 736 (Pa. Super. 2012) (distinguishing reservation vs exception and that intent is disclosed by deed language)
- Fuller v. Lehigh-Northampton Airport Authority, 172 A.3d 1166 (Pa. Cmwlth. 2017) (property owner must receive value of property; adequacy of compensation is factual issue for record)
- Department of Transportation v. Brown, 576 A.2d 75 (Pa. Cmwlth. 1990) (Board as factfinder may accept or reject witness testimony; findings supported if reasonable minds could so conclude)