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How is a highway location determined?
It is PENNDOT’s goal to establish the most direct and useable highway facility at the least possible cost to the public. To accomplish this, PENNDOT undertakes intensive studies on several possible routes in order to find the route that will result in the least possible inconvenience or injury to the public and the private landowner.
Statistical data concerning the economy, population needs and traffic volume trends are analyzed for the area under study. Aerial and ground surveys are taken, and consideration is also given to such factors as safety, drainage and soil types. In addition, public meetings are held to discuss the proposed alternate locations.
What is highway right-of-way?
Right-of-Way is the term used to describe "right of passage" over another’s land. When PENNDOT acquires title to your land, PENNDOT becomes the owner and it then gives the "right of passage" to the public.
What is eminent domain?
Eminent Domain is the term used to describe the Commonwealth’s Constitutional right to acquire privately owned land for public purposes. PENNDOT executes this right only when it will benefit the public as a whole.
What are my rights?
According to Article V of the U.S. Constitution, no person shall be deprived of life, liberty or property without due process of law, nor shall private property be taken for public use without Just Compensation. In this situation it is your right to receive Just Compensation in exchange for your property. A Fair Market Value will be determined for your property, and you will receive this as Just Compensation along with several other benefits. Pennsylvania’s Eminent Domain Legislation is considered the most liberal of its kind in the U.S. Your rights as a property owner are given primary consideration.
Who will contact me?
You will be contacted several times throughout the acquisition process. Your first contact will usually be a letter informing you that your property will be affected by a transportation project. Various Right-of-Way Representatives will also personally visit you. All appointments will be made at your convenience, within reason, of course. It is our desire to make this process run as smoothly as possible.
Who determines property value
The value of your property will be determined by PENNDOT staff appraisers or by independent real estate appraisers hired by PENNDOT or both. All appraisers are certified by the Pennsylvania State Board of Certified Appraisers. Local real estate trends and the value of comparable properties will be taken into consideration when determining the Fair Market Value of your property. All appraisals are reviewed by qualified and certified Reviewing Appraisers to assure that you will receive Just Compensation for your property.
What will I be paid for my property?
If your property is needed, you will be offered its current Fair Market Value, determined by the appraisal process, as Just Compensation. If only a portion of your property is needed, and the acquisition has more than a minor impact on the property, you will be offered the difference between the value of the whole property and the value of the part remaining.
In addition to the Fair Market Value for your property, you are also entitled to the following benefits:
1. All fees incidental to the transfer of you property to the Department.
2. Any mortgage prepayment penalty you would be required to pay as a result of the settlement.
3. Reimbursement for up to a total of $500.00 for reasonable expenses you paid for an appraiser, engineer or attorney to evaluate PENNDOT’s offer.
4. In addition, if PENNDOT acquires a residence or business that you occupy, you
will be entitled to Relocation Benefits.
How will my offer be presented?
Usually a Right-of-Way Representative will personally present you with a written offer for your property. In some cases your offer will be mailed to you. PENNDOT operates under a written one-offer policy in order to achieve uniformity throughout the project. Each owner is treated on the same basis, and each claim is settled on its merits rather than on the negotiating ability of the parties. You will be offered the amount determined by the appraisal process. PENNDOT cannot, by law or by our policy, offer you less than the Estimated Just Compensation for your property.
What if I disagree with the offer?
If you do not believe that the Fair Market Value offer provides "Just Compensation", and if you can provide factual information pertaining to the value or damage of your property which was not available to the appraisers, PENNDOT officials will gladly have the appraisal reevaluated.
Must I accept PENNDOT’s offer?
The vast majority of property acquisitions are settled on an amicable basis. Keep in mind, a careful procedure is used to arrive at a Fair Market Value for your property, and PENNDOT cannot, by law or our policy, offer you less than Just Compensation for your property.
If, however, an agreement cannot be reached through negotiations, PENNDOT, in order to proceed with the project, will be forced to file a "Condemnation Proceeding" (Declaration of Taking) in the Court of Common Pleas. At the point of condemnation, you will be offered the full amount of the appraised Fair Market Value as Estimated Just Compensation. You may elect to accept the Estimated Just Compensation without jeopardizing your right to contest the amount in court, or you can refuse the payment and it will be deposited in your name with the Prothonotary of the county in which the property is located.
Once a declaration of taking has been filed, either you or PENNDOT may petition, within five years, for a Board of Viewers, or the amount will be considered payment in full, in accordance with the Statute of Limitations. At a Board of View, the Viewers will consider your testimony, as well as PENNDOT’s and make an award. If either party is still dissatisfied, an appeal may be made to the Court of Common Pleas. Under most circumstances, however, this procedure is not necessary.
When will I be paid for my property?
For your convenience, payments will be processed as quickly as possible and, once agreement is reached, payment can be expected within four to six weeks.
Before you receive payment, however, you are responsible for providing PENNDOT with several things such as:
A clear title to the property being acquired. Any liens, mortgages, judgments, taxes or other obligations with regard to your property must be satisfied either prior to or at the time of settlement.
A completed Form W-9, Request for Taxpayer Identification Number and certification, which will be provided to you by your Right-of-Way Representative.
Address of Engineering District 8-0’s right-of-way Administrator?
Commonwealth of Pennsylvania
Department of Transportation
Engineering District 8-0
Right-of-Way Administrator
2140 Herr Street
Harrisburg, PA 17103-1699
(717) 787-4861