The Department of Transportation appealed from an order overruling its preliminary objections to the petition for the appointment of a board of viewers filed by 2800 N. Broad Street, LLC (Condemnee) under 26 Pa.C.S. § 502. The Pennsylvania Commonwealth Court reversed and remanded with directions to grant Condemnee’s request for the appointment of a board of viewers for purposes of ascertaining just compensation for the de jure partial taking of Condemnee’s properties and to strike Condemnee’s request that the trial court declare a de facto taking. The Court ruled that Condemnee’s request for a declaration of a de facto taking was improper because a declaration of taking had been filed.
