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. Im 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 Im in the parking lot of a roadside diner. Were in PA along the 322 corridor if anyone needs some context.
Im looking at getting a decent lawyer, so unless someone knows someone in the area, Im 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.
The state will cover $4000 per owner in legal fees. Im trying to get the other 5 neighbors impacted by this to work together. Between the 6 of us the state will cover $24000 in fees, so I think we can get a decent lawyer.
The bank should go through the expense of figuring out how much your property-value has changed as a result of the highway expansion.
They might also offer help to retain as much value as possiblemaybe put you and your affected neighbors into a mutual endeavor.
LOL, I was joking about that with my wife the other day! Anyone have any endangered tree frogs they can loan me for a few months. :-)
Good advice, for the most part. There are times though when a hard fight against the odds ends in a win. About twenty five years ago in the Orlando area, my brother and I and a handful of allies defeated a major toll road project. The fight took years, considerable sacrifice, and had many twists and turns, but we eventually won.
If the local government hired a third party appraiser rather than using their own in house staff you probably do not need to get your own appraisal. The third party appraiser is not likely that far off from value. PM me if you really want a suggestion for an appraiser that works in PA.
Look for a real estate appraiser. Depending how long ago the condemnation occurred, there may be data where they can see a decrease in property values.
I haven’t gone through this myself though. The above would technically be a double appraisal. If they even do such a thing, yes, it’d probably cost you twice as much.
"Yeah, I could sue and win....but do I really want literally years of my life consumed by legal fights and courtrooms appearances as my bank account shrinks?" Many people would take a pass.
I say live to see a better day to fight. Watch from the sidelines on this one.
"Yeah, I could sue and win....but do I really want literally years of my life consumed by legal fights and courtrooms appearances as my bank account shrinks?" Many people would take a pass.
I say live to see a better day to fight. Watch from the sidelines on this one.
Actually, the toll road fight would probably be easier and quicker today due to the Internet and social media.
Last week, the U.S. Supreme Court ruled that in a takings case, you can go directly to federal court; and no longer have to go through an exhaustive and expensive state administrative or legal case to get “just compensation”. States will generally do everything they can to screw over land owners they want to steal property from. The case is a big win for property rights.
You can find it here:
https://www.supremecourt.gov/opinions/18pdf/17-647_m648.pdf
PA? they’ll do what they can to screw you over. my dad’s side of the family had plenty of land taken for highway projects including their house. The most recent offense was cutting through a piece of property, paying him a pittance based on the area taken (never mind it went through the property) Then took almost half of what he received back in taxes.
How about a box of spotted newts? We have oodles of em.
You must live near me. I too, live right off of Rte. 322 in Pa. and am dealing with all the noise due to highway expansion. Contact me privately.
If they are already starting, you missed your chance.
Go to the town hall/ DPW and find out what the hearing plan is.
Chances are your property already has an easement written. I know that while I pay taxes on the first eight feet of my property that abuts the road, they have a right of way to pretty much do what they want.
I don’t know if in these situations it helps, or not, for groups of the effected homeowners to operate collectively - hiring a law firm to represent the group. I’m curious if that approach helps the individuals from being “picked off” with lower offers than they might bargaining as a group.
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