MacHipongo Land and Coal Co., Inc. v. Com.

OPINION

NEWMAN, Justice.

When state government determines that an intended use of private property conflicts with legitimate public purposes, there can be no doubt concerning the power of the government to prohibit the private use. Penn Central Transp. Co. v. City of New York, 438 U.S. 104, 124-125, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978); Machipongo Land and Coal Co., Inc. v. Commonwealth, 544 Pa. 271, 676 A.2d 199, 202 (1996). Indeed, “[l]ong ago it was recognized that ‘all property in this country is held under the implied obligation that the owner’s use of it shall not be injurious to the…