In re Condemnation by Commonwealth

.Opinion by

Judge Doyle,

This is an appeal by Paul and Esther Moyer (Condemnees) from an order of the Lebanon County Court of Common Pleas which issued a Writ of Possession against their property.

On March 24,1977 the Department of General Services1 (Department) filed a Declaration of Taking which severed 32% acres of farmland from Condemnees’ property to form part of the proposed Swatara Gap State Park. Condemnees’ preliminary objections to the taking were dismissed by. the Court of Common Pleas, whose decision was upheld on appeal.2 In the interim, funding for the project had been depleted,…