Lazarus v. Morris

Citations

• 212 Pa. 128
• 61 A. 815
• 1905 Pa. LEXIS 567

Syllabus

<p>School laws—Eminent domain—Condemnation of land—Act of April 9, 1867, P. L. 51.</p> <p>Where land is condemned under the Act of April 9, 1867, P. L. 51, for school purposes, the title acquired by the school district is not an estate in fee simple, but merely a right to use and occupy the land for school purposes, and when this use and occupation ceases, the title reverts to the original owner, or those who hold under him.</p> <p>The exercise of the right of eminent domain, whether directed by the state, or its' authorized grantee, is necessarily in derogation of private right, and the rule is that such authority must be strictly construed.</p> <p>The appropriation of land under the power of eminent domain does not give a fee simple estate therein in the absence of express statutory language to that effect, but only a right to use and occupy the land for the purpose for which it is taken.</p>