The misidentification of property being condemned by PennDOT for road construction meant that condemnees could challenge the adequacy of PennDOT’s Declaration of Taking after the expiration of the 30-day time limit for filing preliminary objections imposed by the Eminent Domain Code.  In concluding that PennDOT had not provided adequate notice to the property owners, the Commonwealth Court ruled that the burden of accurately identifying the property rested with the condemnor and not the condemnee.

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