Chelten Trust Co. v. Blankenburg

Citations

• 241 Pa. 394
• 88 A. 664
• 1913 Pa. LEXIS 795

Syllabus

<p>Municipalities — Eminent domain — Appropriation of land for paries — Philadelphia—Duty of city officials to act — Mandamus.</p> <p>1. Where the councils of the City of Philadelphia, under the Acts of February 2, 1854, Section 39, P. L. 21, and May 13, 1857, Section 4, P. L. 489, appropriate by ordinance certain land for use as a park, and therein direct the mayor to enter security for damages and the city solicitor to institute proceedings for the assessment of such damages, ministerial duties are imposed upon these officials, and the performance thereof, within a reasonable time, may be compelled by mandamus.</p> <p>2. A delay by the city officials of a year and three months after the passage of the ordinance before taking action in accordance with the ordinance is unreasonable and it is no defense to such delay that the ordinance had failed to designate the date when the duties should be performed or that councils had appropriated no funds for the payment of the damages.</p>