In re Condemnation of Real Property of King

556 A.2d 527, 124 Pa. Commw. 472, 1989 Pa. Commw. LEXIS 180
CourtCommonwealth Court of Pennsylvania
DecidedMarch 29, 1989
DocketAppeal No. 1541 C.D. 1988
StatusPublished
Cited by1 cases

This text of 556 A.2d 527 (In re Condemnation of Real Property of King) is published on Counsel Stack Legal Research, covering Commonwealth 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 Condemnation of Real Property of King, 556 A.2d 527, 124 Pa. Commw. 472, 1989 Pa. Commw. LEXIS 180 (Pa. Ct. App. 1989).

Opinion

Opinion by

Judge Palladino,

Octorara Area School District (Appellant) appeals from a decision of the Court of Common Pleas of Chester County sustaining the preliminary objections of Naaman E. King to Appellant’s declaration of taking.

Eight municipalities are included within the area served by Appellant, six in Chester County and two in Lancaster County. All of Appellant’s schools are located on a 53 acre campus and include an elementary school, an intermediate school and a high school. Appellant’s administrative offices are also located at this site. The campus is surrounded by four operating farms.

At public meetings in November and December of 1986, Appellant’s Board of Directors and the public were [474]*474informed of a severe shortage of athletic facilities and the need to acquire additional land for that purpose. N.T. at 34-36, 54. Subsequently, it was discovered that a 189 unit housing development was being planned in the Borough of Parkesburg, one of the communities served by Appellant. Dr. Richard P. McAdams, Appellant’s superintendent, projected that this development would result in the need for a new elementary school and in February 1987, he informed the Board that 30 acres would probably be needed for an elementary school and the already known to be needed athletic fields. N.T. at 39-40.

In February or March 1987, the Board authorized a bond issue to cover renovations and additions to the current schools and set aside some monies from the issue for possible land acquisition. N.T. at 40-41. McAdams was instructed to ask the owners of the four farms if they would be interested in selling land to Appellant. McAdams testified that none of the four were interested in selling any land. N.T. at 44. In April 1987, the Board directed its solicitor to report to it on condemnation procedures and instructed McAdams to have the four farms bordering the campus appraised. After obtaining this information, the Board, while not making a filial decision on what land to condemn nor how much to condemn, ordered a second appraisal of Naaman King’s farm based on acquisition of 50 acres and 100 acres. N.T. at 67. The appraisals were completed in September 1987.

The Board then met in executive session to determine how much land to acquire. At that meeting, McAdams provided them with projected school populations for all grades through the year 1998. These projections were based in large part on McAdams’ assumption that the major difference over the past was the housing development in Parkesburg. N.T. at 83-84. Based on these projections, McAdams felt that an additional 500 student [475]*475elementary school would be needed by 1990-1991, an additional middle school for 600-700 students by 1995-1996, and an additional high school for 700 students by 2000. N.T. at 99-100. According to the optimal acreage figures for schools contained in 22 Pa. Code §349.7,1 the maximum amount of acreage for these three schools, for which Appellant could receive reimbursement from the Commonwealth,2 was 119 acres.

At the executive meeting, the Board authorized its solicitor to negotiate with Naaman King for the purchase of his entire farm—102 acres. A purchase offer was made to Naaman King; no response to the offer was received. The Board, at a public hearing held on November 16, 1987, authorized the condemnation of Naaman King’s farm.

A declaration of taking was filed with the Prothonotary of Chester County on November 19, 1987. The purpose of the condemnation was described in the declaration as being “to acquire land for future expansion of educational facilities including athletic fields and probable construction of new schools.” Notice of the condemnation and a copy of the declaration were served on Naaman King on December 11, 1987. Naaman King filed preliminary objections to the declaration on January 8, 1988.

[476]*476The trial court sustained the preliminary objections, concluding that Appellant had abused its discretion in condemning Naaman King’s entire farm because “the taking in question is excessive in light of Condemnor’s [Appellant] reasonable necessity for the property and the policy of the Commonwealth and Chester County to preserve and protect agricultural land. . . .’’In Re: Condemnation of Real Property of Naaman E. King (No. 87-08783, filed June 13, 1988), slip op. at 8. In a supplemental opinion, filed August 25, 1988 in response to the appeal to this court, the trial court clarified its decision. The trial court held that no necessity for future use of the condemned land within a reasonable time had been shown. On appeal to this court, Appellant contends that the trial court erred in concluding that Appellant had abused its discretion in condemning Naaman King’s entire farm.

Our scope of review in eminent domain cases is limited to a determination of whether the trial court abused its discretion, an error of law was committed, or the findings and conclusions are supported by sufficient evidence. Baker v. County of Allegheny, 49 Pa. Commonwealth Ct. 640, 412 A.2d 190 (1980). The trial court is limited in its review of a decision to condemn property and of the extent of the taking to determining whether the condemnor is guilty of fraud, bad faith or has committed an abuse of discretion. See Pidstawski v. South Whitehall Township, 33 Pa. Commonwealth Ct. 162, 380 A.2d 1322 (1977). The burden of proving the condemnor has abused its discretion is on the objector. Id.

Appellant contends that the trial court, in reaching its decision, improperly substituted its discretion for that of the Board. For the reasons which follow, we conclude that the trial court correctly determined that the extent of the taking in this case was excessive and properly sustained Naaman King’s preliminary objections.

[477]*477The legislature has provided school district boards of directors with power to acquire, by condemnation, real estate it “may deem necessary to furnish school buildings or other suitable sites for proper school purposes. ...” Section 703 of the Public School Code,3 24 P.S. §7-703. A school district board of directors may have the right to acquire land by condemnation for future expansion, and the avoidance of excessive costs and waste of public funds if acquisition is delayed is a permissible motive for doing so. Pittsburgh School District Condemnation Case, 430 Pa. 566, 244 A.2d 42 (1968). However, “acquisition for a future necessity is permissible only to the extent that such land may become necessary in good faith for future use within a reasonable time.” Truitt v. Borough of Ambridge Water Authority, 389 Pa. 429, 133 A.2d 797 (1957).

It is clear from the record in this case that the only immediate need of Appellant for land for proper school purposes was for athletic facilities. The maximum amount felt necessary for this purpose was 15 acres.

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Related

Octorara Asd Appeal
556 A.2d 527 (Commonwealth Court of Pennsylvania, 1989)

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Bluebook (online)
556 A.2d 527, 124 Pa. Commw. 472, 1989 Pa. Commw. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-condemnation-of-real-property-of-king-pacommwct-1989.