State Highway Commissioner v. Chambersburg & Bedford Turnpike Co.

Citations

• 242 Pa. 171
• 88 A. 938
• 1913 Pa. LEXIS 859

Syllabus

<p>Constitutional law — Act of May 81, 1911, P. L. lt68 — Amendment of Act of April 11, 1918, P. L. 59 — Local and special legislation — State highways — Turnpikes—Eminent domain — Taking private property — Securing compensation.</p> <p>1. The Act of Hay 31, 1911, P. L. 468, entitled “An act providing for the establishment of a state highway department, etc.,” and designating certain main traveled roads and state highways, the maintenance of which was committed to the state highway department, is not in violation of Article III, Section 7, of the Constitution, forbidding local and special legislation “authorizing the laying out, opening, altering or maintaining roads, highways, streets or alleys.” The object of this provision was to prevent the legislature from granting opportunities for local road advantages to particular sections which are not general to all; it was not to prevent or hinder the development of a state-wide system of highways built under the control of the Commonwealth.</p> <p>2. The said act, as amended by the Act of April 11, 1913, P. L. 59, is not unconstitutional because it appropriates property of turnpike companies for public use, and provides that the state highway commissioner may take immediate possession of any such turnpike road without the filing of a bond to secure the payment of damages, upon certifying that sufficient funds to pay damages have been appropriated by the legislature, in view of the fact that the state funds are by the terms of the act pledged as security for damages, and that the turnpike companies may enforce payment thereof by mandamus. The provision in the Constitution that damages must be paid or secured before private property may be taken is sufficiently complied with by these terms of the said act. When the credit of the Commonwealth is pledged for such damages, the filing of a bond is not required.</p>