Roudebush v. Meadville

Citations

• 241 Pa. 261
• 88 A. 446
• 1913 Pa. LEXIS 774

Syllabus

<p>Municipalities — Cities of the third class — Appropriation of property for parle purposes — Joint resolution — Agreement with owner as to damages — Previous appropriation.</p> <p>1. Under the Act of May 23, 1889, P. L. 277, providing for the government of cities of the third class, as amended by the Acts of June 26, 1895, P. L. 349; May 11, 1901, P. L. 187; April 25, 1903, P. L. 316, and May 6,1909, P. L. 459, councils of cities of the third class may, in condemning land for park purposes, proceed either by formal ordinance or by simple joint resolution.</p> <p>2. While under the Act of June 8, 1895, P. L. 188, a bond tendered by the city to pay damages, for property taken for park purposes, should not be submitted to the Court of Common Pleas for approval until after there has been a bona fide effort to reach a satisfactory adjustment with the owner of the property, a contention that there has been no such bona fide effort will be overruled on appeal, where the court below has found that the mayor of the city offered the claimant a specified price for his lot, which offer was declined, and that the claimant admitted that he had at all times refused to accept said amount or “any other sum,” and “that the city could not agree with the owner upon his compensation or damages,” it not appearing that the sum tendered was unreasonable or out of proportion to the value of the land appropriated.</p> <p>3. It is not necessary for a city of the third class to actually appropriate money to pay for lands which it is proposed to take for park purposes, prior to instituting proceedings for the taking of the land. Under the statutes the property owner is sufficiently proteeted, and it cannot be successfully argued tbat tbe failure to previously appropriate renders tbe condemnation proceedings invalid.</p>