Rule *1028.1 - Preliminary Objections to Declaration of Taking Pursuant to Section 406 of The Eminent Domain Code or to Petition for Appointment of Viewers Alleging De Facto Taking or Other Compensable Injury Pursuant to Section 502(e) of The Eminent Domain Code(A) The general provisions of Rule *1028 and Rule *206.1 shall not apply to preliminary objections to a declaration of taking pursuant to Section 406 of the Eminent Domain Code or to a petition for appointment of viewers alleging a de facto taking or other compensable injury pursuant to Section 502(e) of the Eminent Domain Code.(B) Preliminary objections to a declaration of taking pursuant to Section 406 of the Eminent Domain Code or to a petition for appointment of viewers alleging a de facto taking or other compensable injury pursuant to Section 502(e) of the Eminent Domain Code shall be filed with the Office of Judicial Records and, within 72 hours of filing, shall be served upon all adverse parties. The objections shall state specifically the grounds relied upon and include a statement as to whether the objections raise issues of fact or raise solely issues of law.(C) Within twenty (20) days after such filing, any party may, but need not, file as response to the preliminary objections. Any response filed shall specifically respond to the statement as to whether preliminary objections raise issues of fact or raise solely issue of law.(D) The court shall determine whether factual issues must be resolved in order to determine the preliminary objections. If factual issues must be resolved, the court shall establish a schedule and procedure for the taking of discovery and resolution of the factual issues by evidentiary depositions or an evidentiary hearing, and, if necessary, the court shall set a brief schedule and schedule argument. Adopted by the Board of Judges on February 26, 2005, effective 5/15/2005.