Pennsylvania Mutual Life Ins. v. Philadelphia

Citations

• 242 Pa. 47
• 88 A. 904
• 1913 Pa. LEXIS 836

Syllabus

<p>Constitutional law — Municipalities—Eminent domain — Land, adjacent to parks — Public use — Act of June 8, 1907, P. L. Jj66— Equity — Injunction—Decree.</p> <p>1. The constitutional provision permitting the appropriation of private property for public use, contemplates an actual use by the public, or the vesting of the right to such use in the public; the fact that the public may derive benefit, utility or advantage from the taking of land will not constitute public use within the meaning of the Constitution, where it is not intended that the public shall use and enjoy the land appropriated.</p> <p>2. The question whether it be expedient or wise that private property shall be taken for public use is solely for the legislature, the question whether the use for which the property sought to be appropriated is a public use while primarily for the legislature, is ultimately for the determination of the courts.</p> <p>3. The Act of June 8, 1907, P. L. 466, authorizing cities to acquire land for parks, parkways and playgrounds, and to appropriate neighboring private property within two hundred feet of the boundary line of such property so taken, and to resell such neighboring property under such restrictions in the deeds as will fully protect such parks, parkways, etc., and declaring such appropriation to be a taking for public use, is unconstitutional in so far as it authorizes cities to take and appropriate private property within two hundred feet of the boundary line of property appropriated for such parks, etc., as the use to which such property so taken is intended by the act to be put is not a public use.</p> <p>4. Where the councils of the City of Philadelphia, in pursuance of the authority intended to be conferred by the Act of June 8, 1907, P. L. 466, by ordinance appropriated certain land within two hundred feet of a proposed parkway, for public purposes, and by a further ordinance authorized the mayor to enter into an agreement with a telephone company for th