In re Condemnation by the Commonwealth, Department of Transportation of Right of Way, for Legislative Route 67045, Section 108 R/W

Opinion by

Judge Doyle,

This is an appeal by the Pennsylvania Department of Transportation (Department) from an order of the Court of Common Pleas of Philadelphia dismissing preliminary objections and appointing a Board of View under Section 502(e) of the Eminent Domain Code (Code), Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §1-502(e). We affirm the order of the court of common pleas.

The facts in this case are not in dispute. In December, 1973, the Department condemned a portion of the property located at the southeast corner of 13th and Vine Streets for the proposed…