South Western State Normal School's Case

Citations

• 213 Pa. 244
• 62 A. 908
• 1906 Pa. LEXIS 457

Syllabus

<p>Deed — Plan of lots — Streets and alleys — Dedication.</p> <p>A sale of lots according to a plan implies a grant or covenant to each purchaser that the streets and alleys on the plan shall be forever opened to the use of the public, and operates as a dedication of them to public use. Such dedication cannot be revoked by the vendor, and the purchaser of each lot abutting on one of the streets or alleys, as well as all other persons purchasing and owning lots on the plan, may assert the public character of the streets and alleys, and the right of the public to use them.</p> <p>Eminent domain — State normal school — Condemnation of streets — Act of July 10,. 1901, P. L. 632.</p> <p>There is nothing in the Act of July 10, 1901, P. L. 632, which authorizes a state normal school to condemn for a campus, streets and alleys dedicated by a plan of lots to public use.</p> <p>Property already devoted to public use is subject to eminent domain and may be taken for other public uses; but, while this is true, it cannot be taken without legislative authority expressly conferred or arising by necessary implication.</p>