In re Condemnation by the Commonwealth Department of Transportation

NARICK, Senior Judge.

The Commonwealth of Pennsylvania, Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Allegheny County sustaining Donald Jordan’s and Petronilla Jordan’s (Jordans) preliminary objections to a declaration of taking filed by the Department to acquire the fee title underlying the easement for highway purposes previously acquired by the Department in the subject property in White Oak, Allegheny County.

The Jordans are the owners of the underlying fee title in land whose easement for highway purposes had been condemned in the early…