Wolfe v. Reading Blue Mt., 2024 Pa. LEXIS 1209 (Pa. Super., August 20, 2024) (Dougherty, J.)
We granted discretionary review to consider whether the Commonwealth Court correctly determined a railroad company’s taking of private property by eminent domain was for a public purpose, and thus allowed by applicable law. We conclude the record belies the appellate panel’s holding, and the trial court correctly ruled the condemnation was unlawful because it was intended to benefit a single private business rather than the public. We therefore reverse the Commonwealth Court’s decision and remand for reinstatement of the trial court’s order dismissing the condemnation action.
Obviously, railroads still contribute to interstate and intrastate commerce, and accordingly still enjoy a specific exemption from the PRPA’s general prohibition against taking for a private purpose. But any taking by a railroad does not warrant an automatic and conclusive finding of benefit to the public. Instead, courts must analyze any purported public benefit of the taking while considering the technological, social, and economic landscape “of the period in which the particular problem presents itself for consideration.” Dornan v. Phila. Housing Auth., 331 Pa. 209, 200 A. 834, 840, 31 Mun. L Rep. 15 (Pa. 1938). See also Kelo, 545 U.S. at 482 (“Viewed as a whole, our jurisprudence has recognized that the needs of society have . . . evolved over time in response to changed circumstances.”). The present record shows a railroad taking private land to service one private company: Russell Standard. We easily conclude the Wolfes met their burden by demonstrating the public is not the primary and paramount beneficiary of RBMN’s taking.
Accordingly, we hold the trial court correctly sustained the Wolfes’ preliminary objections and dismissed the underlying condemnation action. The Commonwealth Court’s contrary decision is reversed, and the matter remanded for reinstatement of the order of the court of common pleas.
Jurisdiction relinquished.
Chief Justice Todd and Justices Donohue, Brobson and McCaffery join the opinion.
Justice Wecht files a concurring opinion.
Justice Mundy files a concurring opinion.
