In re Construction of the Commonwealth

Opinion by

Judge Williams, Jr.,

This is an appeal by the Commonwealth’s Department of Transportation (Commonwealth) from an order entered by the Court of Common Pleas of Beaver County confirming a viewers ’ award of delay compensation in favor of Hazel M. Pettibon (Pettibon) under Section 611 of the Eminent Domain Code (Code).1

The controversy between Pettibon and the Commonwealth began over a decade ago when Pettibon, on December 9, 1972, filed a petition for appointment *167of a board of viewers. She alleged that a de facto taking had occurred when the Commonwealth, on October 4, 1968, filed a…