537 A.2d 384 | Pa. Commw. Ct. | 1988
Opinion by
John J. and Madolyn C. Corcoran (Appellants) appeal from the order of the Court of Common Pleas of Lancaster County dismissing their preliminary objections to the Pennsylvania Department of Transportations (DOT) Declaration of Taking. We affirm.
Appellants own property at 8 West Roseville Road in Manheim Township, Lancaster County, Pennsylvania, bounded on the east by Legislative Route 442 (L.R. 442), also known as Lititz Pike, and bounded on the north by Roseville Road. L.R. 442 is a State highway,
Under Section 402(b)(2) of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §l-402(b)(2), a declaration of taking must contain “[a] specific reference to the statute, article and section thereof under which the condemnation is authorized.” DOT, in its Declaration of Taking, has cited Section 2003(e)(1) of The Administrative Code of 1929 (Code), Act of April 9, 1929, P.L. 177, as amended, 71 P.S. §513(e)(l), as its authority for the condemnation, which in pertinent part provides that DOT shall have the power and its duty shall be:
To acquire, by gift, purchase, condemnation or otherwise, land in fee simple or such lesser estate. or interest as it shall determine, in the name of the Commonwealth, for all transportation purposes, including marking, rebuilding, relocating, widening, reconstructing, repairing and maintaining State designated highways and other transportation facilities, and to erect on the land thus acquired such structures and facilities, including garages, storage sheds or other buildings, as shall be required for transportation purposes.
Appellants aver that Section 2003(e)(1) of the Code only gives DOT authority to take property to benefit “State designated highways” and that the taking of the property bordering Roseville Road is not authorized by that section because it is to benefit a township road. We disagree.
In Miller v. Department of Transportation, 91 Pa. Commonwealth Ct. 622, 498 A.2d 1370 (1985), we held that “transportation purpose” is a broad enough phrase to include transportation related activities, such as a parking garage, where that facility was an integral part of a highway project and was intended, inter alia, to minimize traffic congestion. Here, as we have noted, the condemnation of Appellants’ property along Roseville Road was necessary to provide continuous curbing around the intersection of that road with the State highway. Surely this was an integral part of a State highway project and, in the opinion of DOT, necessary for public safety.
We conclude that the trial court’s analysis and conclusion with respect to the proper interpretation of Section 2003(e)(1) of the Code are correct and we, accord
Order
The order of the Court of Common Pleas of Lancaster County dismissing the preliminary objections of John J. and Madolyn C. Corcoran in the above-captioned matter is hereby affirmed.
See Section 2002(b) of the Code, 71 P.S. §512(b).