Commonwealth v. Kemp

Opinion by

Judge Doyle,

This is a consolidated appeal by the Pennsylvania Department of Transportation (Department) from two orders of the Court of Common Pleas of Delaware County which disposed of Eric A. and Hazel Kemps *438(Kemps) petition alleging a de facto taking under Section 502(e) of the Eminent Domain Code,1 and the Departments subsequently-filed declaration of taking. The trial courts orders dismissed the Departments preliminary objections to Kemps petition and struck the Departments declaration of taking, finding that the Departments pre-condemnation activities constituted a de facto…