Condemnation of 1315 to 1391 Washington Boulevard v. Commonwealth

Opinion by

Judge Crumlish, Jr.,

Commerce Land Corporation (Appellant) appeals an order of the Court of Common Pleas sustaining the preliminary objections of the Pennsylvania Department of Transportation (PennDOT) to Appellant’s petition for appointment of viewers brought pursuant *563to Section 612 of the Eminent Domain Code, Act of June 22, 1964, Spec. Sess., P.L. 84, as amended, 26 P.S. §1-612, which states:

“All condemnors, including the Commonwealth of Pennsylvania, shall be liable for damages to property abutting the area of an improvement resulting from change of grade of a road or highway,…