DocketNumber: Appeal, No. 1048 C.D. 1979
Citation Numbers: 54 Pa. Commw. 36
Judges: Blatt, Wilkinson, Williams
Filed Date: 9/23/1980
Status: Precedential
Modified Date: 6/24/2022
Opinion by
The Faxon Company and the Faxon Lumber Company (Faxon) appeal here from an order of the Pennsylvania Public Utility Commission (Commission) which permitted the Pennsylvania Department of Transportation (DOT) to modify several railroad crossings in the Williamsport area.
The controversy arises out of DOT’S plan to complete the construction of State Highway Route 1073, a limited access highway familiarly known as the Williamsport beltway, and, as a part of that plan, to alter
We note initially that Section 2702(b) of the Public Utility Code, 66 Pa, C. S. §2702(b), requires that any plan to construct, alter, relocate, suspend or abolish any public railroad crossing, must be approved by the Commission so as to “effectuate the prevention of accidents and the promotion of the safety of the public.” Faxon does not contend that DOT’s plan is not in the interest of the traveling public but it does contend that the abolition of its rail access to the Conrail line will have a severe adverse effect upon Faxon and, in turn, upon the economy of the entire Williams-port area.
The evidence indicates, however, that DOT’s plan calls for the construction of a public railroad siding approximately one-quarter mile from the Faxon prop
Faxon also contends that the Commission should have approved Faxon’s proposal that DOT construct a culvert beneath the highway so as to provide Faxon with a private driveway leading to a proposed siding on the other side of the railroad from the Faxon property. Faxon favored this alternative over that of the public siding, because it would have permitted Faxon to operate forklifts between the siding and its property. Although this alternative was not formally proposed by Faxon or by DOT, it was discussed at the hearing, and Faxon attempted to introduce evidence to the effect that it would be the least expensive alternative for DOT. Faxon’s argument was that the cost of building such a culvert would be less than the condemnation damages which will' accrue as a result of DOT’S .severing of Faxon’s direct, private access to the railroad.
Order
And Now, this 23rd day of September, 1980, the order of the Pennsylvania Public Utility Commission in the above-captioned case is hereby affirmed.
This underpass constitutes a railroad crossing under Section 2702(a) of ithe Public Utility Code, 66 Pa. O. S. §2702(a).
DOT’S plan for the highway construction includes the condemnation of a portion of Faxon’s property, in addition to the abolition of the private railroad spur. This eminent domain proceeding is pending before the Court of Common Pleas of Lycoming County.