In re Condemnation by the Commonwealth, Department of Transportation

Opinion by

President Judge Crumlish, Jr.,

The Pennsylvania Department of Transportation (DOT) appeals a Westmoreland County Common Pleas Court order denying its preliminary objections to a petition for the appointment of viewers in a condemnation case. We affirm.

A portion of Joseph Simons land was condemned under the Pennsylvania Eminent Domain Code1 on September 29, 1976; estimated just compensation was paid on March 11, 1977. On February 1, 1982, Simon petitioned the common pleas court for the appointment of viewers. DOT filed preliminary objections, contending that the petition was barred by…