BOC Group, Inc. v. Commonwealth, Department of Transportation

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

NIGRO, Justice.

The Commonwealth of Pennsylvania, Department of Transportation (PennDOT) challenges a Commonwealth Court Order affirming an award of delay damages to The BOC Group under the Eminent Domain Code, 26 Pa. Stat. §§ 1-101—1-903 (Supp.1997). As explained below, we hold that condemnees may recover damages for delays in payment of special damages under the Eminent Domain Code. The BOC Group, however, is not entitled to delay damages since PennDOT never took physical possession of the condemned property and there is no evidence that The BOC…