A state appeals court is ruling against a landowner who wanted to access his landlocked property by putting a road through a neighbor’s land, the latest decision in a long-running dispute about how Pennsylvania’s Private Road Act should be applied.
The unanimous Commonwealth Court ruling Wednesday said a man wasn’t entitled to the road because it would primarily benefit him and not the wider public.
The Private Road Act stretches back to colonial times and its current version dates to 1836.
The state Supreme Court four years ago determined that such private road actions aren’t exercises of police power bur rather are subject to the same constitutional restrictions as takings under eminent domain.
The landowner says his parcels were landlocked by the state when it built Interstate 79 in 1963.