The Pennsylvania Department of Transportation ("PennDOT") has recently announced its preferred alternative for the Eisenhower Drive Extension in the Hanover, Pennsylvania area from High Street to west of McSherrystown and is currently notifying property owners that are impacted by the project. While there is little that can be done to stop the project, PennDOT has been notorious for poor communication and, more significantly, undercompensating property owners for partial or full condemnations of their properties. Additionally, property owners that are not having their properties fully condemned have been faced with grossly delayed construction projects that restrict access and otherwise threaten their businesses.
Property owners should strongly consider talking to an attorney the moment that PennDOT notifies them of a possible condemnation, also known as eminent domain or taking of their property. Property owners should not expect that PennDOT will offer fair compensation for the property it is condemning.
Here are some facts property owners should know at the outset of an eminent domain claim:
Eminent domain is guaranteed by the U.S.
Constitution.
Eminent domain is a real thing, and it allows government agencies
such as PennDOT to acquire privately owned land for public
purposes.
Property owners are entitled to
compensation.
Although the ability of the government to condemn a property is
difficult to challenge, property owners can receive financial
relief to offset the impact to their property value and other
related losses. PennDOT will initially set this figure, but
property owners often find the amount far too low to compensate for
their loss of property.
Property owners will be compensated for related
expenses.
Property owners can recover mortgage prepayment penalties,
reimbursement for attorneys and engineering services (up to $4,000)
and relocation expenses.
Property owners should not ignore this
process.
PennDOT will make efforts to obtain your agreement to the
condemnation. Failure to respond does not make PennDOT go away and
will only make PennDOT's offer legally binding and leave
property owners without recourse to challenge that figure, however
unfair it may be.
Outside professionals are available to
help.
Condemnation can be a complicated and confusing process. Barley
Snyder attorneys work with appraisers and other professionals to
help walk property owners through the process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
