In re Condemnation of Premises 320 Crestview Circle

Opinion by

Judge Blatt,

This appeal arises from a petition filed by the petitioners, Richard W. and Hannah P. Merrick, requesting appointment of a jury of view, pursuant to Section 502(e) of the Eminent Domain Code (Code),1 because of an alleged de facto taking of their property. On June 26, 1978 a jury of view was appointed, and on November 24, 1978 the Commonwealth filed preliminary objections in the nature of a demurrer, as*508serting that there had been no taking, to which the petitioners filed an answer three days later. Following two evidentiary hearings, the Court of Common Pleas of Delaware…