In Re Com., Dept. of Transp.

515 A.2d 899, 511 Pa. 620
CourtSupreme Court of Pennsylvania
DecidedDecember 5, 1986
StatusPublished
Cited by3 cases

This text of 515 A.2d 899 (In Re Com., Dept. of Transp.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Com., Dept. of Transp., 515 A.2d 899, 511 Pa. 620 (Pa. 1986).

Opinion

511 Pa. 620 (1986)
515 A.2d 899

In re Condemnation by the COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, of Right-of-Way for Legislative Route 1021, Section IB, A Limited Access Highway in the City of Pittsburgh.
ESTATE OF Julia F. ROCHEZ, Deceased, by Edward Goslin, Thomas Goslin, and Mary Grace DiGiorgi as Co-Executors, and Edward Goslin, Thomas Goslin and Mary Grace DiGiorgi, In Their Own Right.
Appeals of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Supreme Court of Pennsylvania.

Argued April 15, 1986.
Decided October 3, 1986.
Order December 5, 1986.

*621 *622 Jeffrey L. Giltenboth, Asst. Counsel, Com. of Pa., Dept. of Transp., Pittsburgh, for appellant.

Thomas J. Dempsey, Pittsburgh, Leroy S. Zimmerman, Atty. Gen., Harrisburg, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

NIX, Chief Justice.

In this matter we are called upon to determine whether the title to section 3 of the Act of December 7, 1979, P.L. 478, No. 1979-100 ("Act 1979-100"), 71 P.S. § 513(e), violates Article III, Section 3 of the Pennsylvania Constitution. On April 25, 1984, the Commonwealth of Pennsylvania, Department of Transportation ("Commonwealth") filed a Declaration of Taking in the Court of Common Pleas of Allegheny County to acquire a fee simple interest in approximately 50% of appellees' property. Such condemnation was necessary for the construction of a limited access highway (Legislative Route 1021, section 1B). Appellees filed preliminary objections to the Declaration of Taking.

After hearing testimony and argument, the trial court sustained three of the preliminary objections on the ground that Act 1979-100 violated Article III, Section 3 of the *623 Pennsylvania Constitution because the title of the act failed to give notice that its amendment to the Administrative Code of 1929, Act of April 9, 1929, Public Law 177, No. 175 ("Code"), changed the law concerning condemnation for highway rights of way to permit such condemnation in fee simple. The Commonwealth filed direct appeals to this Court seeking reversal of the trial court's orders denying its request for a Declaration of Taking.[1] For the reasons set forth below, we now reverse.

I.

Act 1979-100 amended the Code and bore the following title:

An Act amending the act of April 9, 1929 (P.L. 177, No. 175), entitled "An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers and duties of the Governor and other executive and administrative departments, boards, commissions, and officers; fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions; and prescribing *624 the manner and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined," further providing for the powers and duties of the Secretary of Transportation as to real property, restricting the right to condemn prime agricultural lands for certain purposes and creating the Agricultural Lands Condemnation Approval Board.

At issue today is that portion of the above title which described the amendment to section 2003 of the Code, 71 P.S. § 513(e). That portion reads:

further providing for the powers and duties of the Secretary of Transportation as to real property. . . . (emphasis added)

Appellees argue that this clause was inadequate to give notice that Act 1979-100 would supersede both Section 210 of the Act of June 1, 1945, P.L. 1242, No. 428, 36 P.S. § 670-210 ("State Highway Law"), and Section 8 of the Act of May 29, 1945, P.L. 1108, No. 402, 36 P.S. § 2391.8 ("Limited Access Highway Law") and grant the Department of Transportation the authority to acquire land in fee simple for all transportation purposes.[2] Section 4 of Act 1979-100 also repealed absolutely Article III of the State Highway Law, supra, which dealt with eminent domain. While it is true that the title at issue did not detail the powers and duties of the Secretary of Transportation which were affected by Act 1979-100, we believe that such was not required under Article III, Section 3 of the Pennsylvania Constitution.

A.

Article III, Section 3 provides:

*625 No bill shall be passed containing more than one subject, which shall clearly be expressed in its title, except a general appropriation bill or a bill codifying or compiling the law or a part thereof.
Pa. Const. Art. III, § 3 (emphasis added).

The question as to whether the title of Act 1979-100 offends Article III, Section 3, depends upon the intendment of the emphasized language. As we stated in Consumer Party of Pennylvania v. Commonwealth, 510 Pa. 158, 507 A.2d 323 (1986), "Article III was adopted to correct the evil of unwise, improvident and corrupt legislation which had become rampant at the time of its passage." Id., 510 Pa. at 178, 507 A.2d at 333. A leading commentator said of that period:

The Pennsylvania Constitution of 1874 is the longest and the most detailed of the four fundamental documents under which the Commonwealth has been governed. It was drafted in an atmosphere of extreme distrust of the legislative body and of fear of the growing power of corporations, especially of the great railroad corporations. It was the product of a convention whose prevailing mood was one of reform. . . .
R. Branning, Pennsylvania Constitutional Development (1960).

Although we held in Consumer Party, supra, that questions arising under Article III are justiciable, we recognized therein that "we must not inquire into every allegation of procedural impropriety in the passage of legislation." Id., 510 Pa. at 180, 507 A.2d at 334. It is necessary therefore, that a challenge to the title of a statute be not of a vacuous nature, but instead relate directly to the purpose of Article III, Section 3.

In Scudder v. Smith, 331 Pa. 165, 200 A. 601 (1938), we stated:

The purpose of the constitutional requirements relating to the enactment of laws was to put the members of the Assembly and others interested on notice, by the title of *626 the measure submitted, so they might vote on it with circumspection.
Id., 331 Pa. at 170-71, 200 A. at 604 (emphasis deleted).

Hence, the primary purpose of Article III, Section 3, was to provide adequate notice both to the members of the General Assembly and to the public of the subjects contained in proposed acts so as to prevent passage of secretive measures. See In re Lancaster City Ordinance, No. 16-1952, 374 Pa.

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