Posted on 06/26/2019 4:22:39 PM PDT by ExpatCanuck
We have a property that abuts at the back onto a busy 2 lane thoroughfare (one direction each way) that is being expanded to 4 lanes (2 each way). Currently have a wooded barrier of about 30 feet deep which reduces the noise dramatically. Plus I put a wooden fence against an existing chain link fence to blunt the noise and give privacy.
while I understand the need for the expansion (I use the road often and know expansion is necessary) I want to be compensated fairly as well. I’m going to lose about half of my backyard, including a wired shed and a dozen mature trees. The view from my hammock and deck will change from a tranquil oasis to watching traffic drive by 24/7 like I’m in the parking lot of a roadside diner. We’re in PA along the 322 corridor if anyone needs some context.
I’m looking at getting a decent lawyer, so unless someone knows someone in the area, I’m not interested in the ‘get a lawyer’ responses. I know about the lawyer part. I want to hear from folks who have gone through this, have potentially made mistakes, and can offer advice. The forfeiture is a fait accompli. I just want the best deal I can get.
Any thoughtful responses would be appreciated. One more tidbit, when we bought the property 4 years ago, the bank selling it as well as both real estate agents involved in the deal KNEW the property was subject to forfeiture and never disclosed that fact. I found out a year after we moved in, from a neighbor.
Not Ha but Have, duh
Hire someone to measure road noise in your house (not just the nearest rooms too) before any work is done. Also to give an estimate of the increase in road noise once the work is done.
You need to press the issue so they compensate you for the loss of value in the home and property remaining from increased noise and loss of privacy.
Get together with your neighbors in the same fix.
Make them pay dearly for their progress.
Get a couple of appraisals, then a lawyer.
At some point, you need a dispassionate appraisal of the property impairment. Whether you get that before you go to the lawyer, or the lawyer recommends an appraiser, is up to you.
Ok, what state are you in? Laws vary. First, see if the state allows non-judicial condemnation. Often a panel of homeowners will hear the case and make an award. The state will present an ‘estimate of value ‘ which may or may not be based on an appraiser. You will need an appraisal to see if the value offered is reasonable. There will be the value of the taking as well as damages to the remainder ( road proximity, impact and n resale value). If the state is judicial, you may need an attorney.
Go on line to the Appraisal Institute and search for a designated appraiser who is knowledgeable about eminent domain, pay for a consultation.
Good luck
Don’t take first offer most of the time the low ball hold out.
Until they are about to serve you condemnation papers the strike the best deal.
Getting lawyers involved well just make the lawyers rich.
All property could be subject to condemnation.
If there was not an active offer or proceeding at the time of sale. I wouldn’t think disclosure was necessary.
What country is this property in?
OH, Ha is Hawaii?
This country has built much more sound walls than it has built border walls.
I’m sorry for your problems. Rt322 has been a mess since at least the early 90s when I first dropped my eldest at PSU. IMO you have two choices, either stay put and live with the change or move. I absolutely wouldn’t waste my time and money on a lawyer. Anybody ethical wouldn’t take your money.
Not been through this but their should be a statute or regulation that spells out how compensation is calculated. Most likely there will be weighed factors that increase or decrease what the government is likely to pay. For example if future commercial zoning was likely vs the site only being suited for SFR.
Well, I don’t know about losing your property but a nice development went in close to the road across from me. The developers put in an 8’ berm near the road then a water feature behind it. Next was a 10’ concrete block wall on the section which didn’t have the berm and water. I went in there once and the road noise dropped to like zero. Unbelievable. The earth and water really soaked up the road noise. So maybe an idea to get some peace and quiet back.
Are the REAs not responsible for disclosure? We sure as hell are to THEM when we admit anything wrong with the property.
Thanks. We’re in PA. It is the state that is taking the land - I don’t know if that counts as judicial but I expect it is since at some point in the process it had to have been legislated and supported by the judiciary. There are six neighbors impacted directly by this. The state will pay $4000 per property for legal representation, so I’m trying to get the neighbors together and get a single attorney. We can probably get a good one for $24k without any out of pocket expense. I’m actually lucky - I have one neighbor who will lose an inground pool! Thanks for your response.
That’s my point in mentioning it. I may have a legitimate case against the bank and realtors.
The specific cause of action in your case, I believe, is known as “inverse condemnation”.
Not being a lawyer, I will leave it to you to look up that term and decide whether it applies. (IMO, it does) And hence, I believe your best shot will be to contact some of your neighbors and see if they are of similar mind. Or, you could search for “inverse condemnation attorney Pennsylvania” and see what you come up with, then take those results to your nabes.
As for the undisclosed “known defect” on your purchase, you may ask your eventual attorney but I suspect that would be fruitless to pursue. But again, IANAL.
If your lot is 150 feet deep and 75 feet wide (numbers chosen for example) and the state wants the rearmost 30 feet of it, one calculation is that you want compensation for 20% of your lot. But the reality is that this taking negatively impacts virtually *all* of your lot; and not only diminishes your enjoyment of same, but impacts the resalability and/or market value of same.
That’s what I’m looking for, a decent noise reducing barrier plus compensation for losing part of my property.
Get an appraisal of your entire property & then consult a lawyer re: compensation.
Not just any lawyer, one with expertise on eminent domain.
Lesson learned, always talk to as many neighbors as possible & check with city & county officials, zoning & police department before buying.
I didn’t do this on one home purchase. Turned out the seller was bailing out to escape the proverbial Neighbor From Hell.
Were any of them your agents? There is your answer.
You knew about the 2 lane road. None of the proceedings were a secret. A little due diligence by your or your agent (if you had one) would have easily uncovered this. I just don't know if you had one. When you get your lawyer, you'll find out or if anyone else had a duty to disclose.
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