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Daw v. Commonwealth

Property owner was not entitled to have a board of viewers assess consequential damages under the Eminent Domain Code because her petition failed to demonstrate that the one-inch thick, uniform resurfacing of an abutting road either constituted a change of grade or caused any increased water runoff or damage to her property.

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ARGUED: October 30, 2000

The Commonwealth of Pennsylvania, Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) overruling the Department’s preliminary objections to a petition for appointment of a board of viewers filed by Patricia F. Daw (Daw) to assess consequential damages under Section 612 of the Eminent Domain Code of Pennsylvania. *fn1

Daw is the owner of property located along West Ingomar Road (Road), a two-lane state route located in Allegheny County. The Daw property is contoured in such a way that the highest elevation of the property is situated where the property joins the Road. The property then slopes downward away from the Road as it approaches the Daw residence which is approximately 15-20 feet below the elevation of the Road. The driveway on the property, which is unpaved, connects with the Road at its highest elevation and also slopes steeply downward. There is also a narrow concrete sidewalk along the front of the Daw property with a low-earth mound located behind it.

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