Township of Cornplanter v. McGregor

In Township of Cornplanter v. McGregor, 745 A.2d 725, 726-27 (Pa. Cmwlth. 2000), the Court explained: Article 1, Section 10 of the Pennsylvania Constitution provides, in pertinent part, "nor shall private property be taken or applied to public use, without authority of law and without just compensation being first made or secured." PA. Const. art. I, 10. Based on this constitutional mandate, it is well settled that private property may be taken for public purposes only in such an amount and to such an extent as these purposes reasonably require. Indeed, as the Court has previously stated: Inasmuch as property cannot constitutionally be taken by eminent domain except for public use, no more property may be taken than the public use requires-a rule which applies both to the amount of property and the estate or interest to be acquired. Id., 342 A.2d at 827. See also Westrick v. Approval of Bond of the Peoples Natural Gas Company, 103 Pa. Cmwlth. 578, 520 A.2d 963, 965 (Pa. Cmwlth. 1987) ("A power to acquire land is the power to acquire an interest that is not greater than is necessary to carry out the public purpose of the body on which such power is conferred.").