In re: Condemnation by the Commonwealth

Opinion by

Judge Doyle,

Sidney and Paulette Bernstein (Appellants) appeal from an order of the Court of Common Pleas of Philadelphia County, which sustained the Department of Transportations (DOT’s) preliminary objections to Appellants’ petition for the appointment of a Board of View. We affirm.

This case is another of those arising out of the construction of the Vine Street Expressway (Expressway) *370and involves the premises located at 245-247 North Sixteenth Street. In February of 1971, DOT filed a declaration of taking to “condemn an easement [interest] for highway purposes” in the property.1…