Johnston v. Delaware, Lackawanna & Western Railroad

Citations

• 245 Pa. 338
• 91 A. 618
• 1914 Pa. LEXIS 881

Syllabus

<p>Eminent domain — Bailroad companies — Condemnation proceedings — Necessary steps — Termini of new route — Irregular proceedings — Equity—Injunction.</p> <p>1. A proceeding for the condemnation of private property for a railroad right of way is contrary to the course of the common law,' and the steps directed by statute must be strictly followed. Private property is not to be taken by the exercise of the power of eminent domain, unless the legal prerequisites are clearly and definitely established.</p> <p>2. The successive steps necessary to vest title to land in a railroad company in condemnation proceedings are (a) a preliminary survey of the lands for the purpose of exploration made by engineers and surveyors who after running and marking one or more experimental lines report their work with necessary maps and pro-, files to the company; (b) the selection and adoption of a line or one of the lines so run, as and for the location of the proposed railroad, by appropriate action of the board of directions; and (c) the making or securing to the owner of compensation by the corporation for the damages he has sustained by reason of the appropriation of his land. Until the Toute, including the termini, is definitely fixed by the board of directors, there can be no appropriation of the land.</p> <p>3. A court of equity -will restrain a railroad company from entering upon and taking land for use in straightening its road, where the railroad company has made no legal appropriation of the land.</p> <p>4. A railroad company in 1910 by resolution of its board of directors, declared its intention to straighten and relocate its road between Clarks Summit and Hallstead “according to the location and route” shown upon a location plan. In 1911, the line was re-run, the old stakes were destroyed, and the final stakes were re-set in the same location. In 1912, the railroad company, by resolution of its board of directors, declared its intention to appro: priate the lands for the r