LONG v. MONONGAHELA CITY SCH. DIST., 395 Pa. 618 (1959)

151 A.2d 461

Long, Appellant, v. Monongahela City School District.

Supreme Court of Pennsylvania.March 20, 1959.
May 28, 1959.

School districts — Eminent domain — Acquisition of land by eminent domain proceedings — Abandonment — Requirements — Reversionary owners — Ejectment — Acts of April 9, 1867, P. L. 51, July 2, 1937, P. L. 2793 and March 10, 1949, P. L. 30.

1. Where a school district has originally acquired land for school purposes by condemnation under the Act of April 9, 1867, P. L. 51, the alleged owners of the reversionary estate cannot recover in ejectment against the school district without averring that the board of school directors of said district has adopted a resolution to vacate and abandon said land under the Act of March 10, 1949, P. L. 30, § 708 (which provides that no property acquired by a school district for school purposes shall be considered as abandoned until the board of directors of such school district shall pass a resolution declaring it to be the intention of such district to vacate and abandon the same, whereupon all right, title and interest of such district in such premises shall be fully terminated).

2. Where a school district which originally acquired a base fee in land for school purposes by condemnation under the Act of April 9, 1867, P. L. 51, proceeds without challenge under the Act of July 2, 1937, P. L. 2793, to acquire a fee simple title to the same, the

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alleged owners of alleged reversionary interests cannot thereafter recover in an action of ejectment.

Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

Appeals, Nos. 8, 10, 11, 12 and 13, March T., 1959, from order of Court of Common Pleas of Washington County, Nov. T., 1957, No. 256, in case of Eugene M. Long et al. v. Monongahela City School District. Judgment affirmed.

Same case in court below: 16 Pa. D. C.2d 790.

Ejectment.

Defendant’s motion for judgment on the pleadings granted; opinion by CUMMINS, J. Plaintiffs appealed.

Paul A. Simmons, with him Palmer J. McCloskey, Jr., for appellants.

James C. McCreight, with him William H. Robinson, an McCreight McCreight, for appellee.

OPINION PER CURIAM, May 28, 1959:

The judgment is affirmed on the opinion of the Court below appearing in 16 Pa. D. C.2d 790.