In Re Condemnation by the Commonwealth, Department of Transportation, of Right of Way for State Route 79, Section W10

OPINION

Justice CAPPY.*

In April of 1993, pursuant to the power of condemnation granted in the Eminent Domain Code, 26 P.S. § 1-101 et seq. (the “Code”), the Appellant, the Commonwealth of Pennsylvania, Department of Transportation (the “Department”), filed a declaration of partial taking for property owned by the Appellee, Dennis Sluciak. In this appeal, we are called upon to decide two questions: (1) whether Section 406(a) of the Code, 26 P.S. § 1-406(a), required Appellee to raise by preliminary objections the claim that the condemnation landlocked his remaining property and diminished its…