In re Condemnation by the Commonwealth

Opinion by

Judge Barry,

Appellant, Pennsylvania Department of Transportation (DOT), seeks review of an order of the Court of Common Pleas of Northampton County, which dismissed preliminary objections to a petition for the appointment of viewers.

Appellee, David Oxford, filed a petition for the appointment of a board of view to assess damages against DOT pursuant to Section 417 of the State Highway Law (Law)1 claiming that DOT improperly *186cleaned and maintained three drainage channels over the appellee’s property. The appellee’s petition averred that DOT’s work made his land useless for farming…