AREA HISTORY:  Public Common, Hanover, York County, PA

Contributed for use in the USGenWeb Archives by Kathy Francis

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History of York County, Pennsylvania.  John Gibson, Historical Editor.
Chicago: F. A. Battey Publishing Co., 1886.
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THE PUBLIC COMMON – Page 579

Col. McAllister died in 1795.  The original draft of the town having been lost, his executors, 
Archibald Rudisill, caused McAllister’s entire tract, including the town site, to be resurveyed 
in 1797, and sold off all the land and town-lots belonging to the estate.  The tract known 
since as the “Public Common” belonged to the estate and was partially covered with timber.  The 
citizens determined to secure this tract, which contained twenty-three acres and seventeen 
perches, as a public common; the executors agreed to sell it for £351 1s. 10d.  Over 100 
persons subscribed to the purchase money in sums ranging from 7s. 6d. to £8.  July 17, 1798, 
the land was granted by the executors to George Carl, Paul Metzger, John Hinkle, Henry Welsh 
and William Gitt, as trustees, to be held “in trust for the proper use of an open air and free 
public common for all and every one of the citizens and inhabitants of the town of Hanover and 
their successors forever, and for no other use or purpose whatsoever.”  The land was used for a 
public cow pasture for many years; at length, about 1839, lots began to be leased by the 
borough authorities.  Parties who leased them generally refused to pay the rent, claiming that 
the land did not belong to the borough, but to the people of the town of Hanover.  Suits were 
commenced and continued for years, with offers of compromise made and agreed to and then 
rescinded.  In 1852, when the Hanover Branch Railroad was built across the common, a depot, 
warehouse, etc., were built upon the public ground.  The borough authorities ordered the 
railroad company to stop work until the damages were assessed.  In 1853 the damages were fixed 
by a jury at $775.  The company would not pay; the borough council entered suit, and then 
offered to compromise for half the damages awarded.  Finally, March 17, 1858, the matter was 
settled, the company paying $50 cash, and agreeing to pay a yearly rent of $12 forever.  The 
railroad being opened, lots on the common, near the railroad, were in demand.  This led to a 
proposition to sell or lease, in perpetuity, the entire tract.  The legislature was appealed 
to, but that body was opposed to having lands leased in perpetuity.  Efforts were then made to 
get authority to sell the tract, and Michael Bucher surveyed it and layed it off into streets 
and building lots, there being eighty of the latter.  A strong party of the citizens opposed 
this scheme and desired to see the land remain a public common.  To sell this land in lots 
would doubtless result in removing the center of the town business thereto, and in thus 
reducing considerably the value of real estate in parts of the town remote from the railroads, 
the people of which had contributed liberally toward the building of the roads.  The other side 
urged the unproductiveness and uselessness of the common as it was, argued that it might easily 
be made a source of revenue to the borough, and considerably reduce the burden of taxation.  
Many trips were made to Harrisburg by representatives of both sides, but all attempts to secure 
legislation failed.  In 1854, lots began to be leased at $14 each.  Then, in 1858, a contract 
was made with Evans & Mayer, attorneys of York, to secure a title equal to a fee simple title, 
to the land for the borough authorities for the sum of $500.  An order was obtained from the 
court, appointing F. E. Metzger trustee for the people of Hanover; and soon after, in 
accordance with an order of the court, Mr. Metzger offered the tract at public sale.  It was 
bought by Henry Wirt for the borough at the nominal sum of $5,400.  Under this title the 
borough to-day holds the Public Common.  Many lots are leased to sundry parties, and on them 
have been erected dwellings and other buildings.  Larger tracts have also been leased for 
lumber and coal yards, cattle yards and to the railroad.