107 Pa. 319 | Pa. | 1884
delivered the opinion of the court, November 3d, 1884.
These three cases were argued together. They present substantially the same questions. That is, whether the plaintiff
Tlie ascertainment of the amount of damages sustained, and tlie entry of judgment therefor, under the statute, is not the payment of a just compensation.
Tlie corporation gave no bond or security for the damages before taking possession of the property. The amount of the damages is the price of the purchase of the privilege of using the land by the corporation. This sum inheres in the land. Until paid or secured, tlie owner of the land stands on tlie impregnable language of the Constitution that his private property shall not be taken. It follows that, although the lights of the corporation which took possession of tlie land may be transferred to another, yet they pass subject to the paramount constitutional right of the owner of the legal estate in the land. A judicial sale made on another lien does not divest the title which he has in and to the land. It extinguishes liens but not estates: Western Penna. R. R. Co. v. Johnston, 9 P. F. S. 290; Gilmore et ux. v. Pittsburgh, Virginia and Charleston R. R. Co., 8 Out. 275; Philadelphia, Newtown & N. Y. R. R. Co. v. Cooper, 9 Id. 239. In Fries v. Southern Penn. R. R. Co., 4 Norris 73, a bond was given and duly approved by the court. Thus the alternative security recognized by tlie Constitution as sufficient to authorize a taking had been given. In the present case no bond had been approved, no security bad been given and no compensation bad been paid.
The specifications of error are not sustained.
Judgment in each case affirmed.