Posted on 06/26/2019 4:22:39 PM PDT by ExpatCanuck
your or your agent = you or your agent
Interesting timing. I read an article recently about road expansions and how over time they make not only environmental conditions worse due to a larger number of vehicles passing through, but how they also encourage more drivers to use the road, making the expansions (which eventually siphon back down to a smaller number of lanes down the road) contribute to worsening traffic conditions in the long-term. If I find the article, I’ll share it. I would gather as much information as possible on how well it will actually alleviate traffic in the area, and discuss it with neighbors who may be apprehensive about selling, or who really don’t appreciate having to forcefully sell.
You have the big part down already by wanting to find a lawyer. We’ve had a number of attempted widening projects in my area which failed with the proper amount of public support. Then again, they weren’t major highways.
I’m sorry for your loss of property. I sure wouldn’t appreciate it, and I’d probably fight tooth and nail, especially if the portion of property to be purchased is in use. I wish I could have been more helpful, but as I don’t live in PA, I don’t know of any good lawyers or firms for reference.
Good luck and hope you and your neighbors can get the best.
The state has been thru this many times and has procedures
they will follow. There is a limit they will go to and if
they can’t get agreements it then becomes the condemnation
process. Don’t get in a hurry to sign, let it work thru the
process and then you can decide the route you’ll need to take.
Thanks for the response. Inverse condemnation will apply if the offer they make sucks (which it will). And you’re 100% correct about the impact to the whole property not being proportional to only the amount taken. If they took 10% of my property for a toxic wast dump, it doesn’t mean I only lost 10% of the value of my home, LOL.
We had an agent representing us.
They are required to offer you fair market value for the land and any improvements and relocation assistance if needed. They will not offer you for sentimental value that you may place on it. As for taking trees, they can either negotiated to replace trees or pay you direct. You can try to value a tree at the rate of $300 per inch of diameter, measured at breast height. That is the value that the Washington State Department of Transportation uses.
Also check with the local agency (city or county) and get a copy of their Right of Way procedures. These need to be up to date and adopted by ordinance prior to any “take” action.
Also be aware that your mortgage holder may be entitled to the proceeds of the “sale” and will have to sign off on the agreement. Typically they allow you to keep the money but I have had encounter one lender who was upset that they didn’t take it.
Make sure every thing is stated as negotiated in the agreement before signing it.
If you need some minor improvement to your site, try to cut deals with the agency to do this. Also, if your site is big enough you are fee to negotiate with the contractor to use your property for a staging area. Let you local agency know that you would be interested in that. Contractors always want to be able to stage as close to the project to reduce their cost. Just don’t be so greedy that they choose your neighbor instead of you.
Many local agency engineers will try to make you deals for extras (bigger driveway, better fences, extra gravel) to sweeten the pot to avoid extra costs for lawyers and court proceedings. But if it goes to court, than all of that will go away.
When all else fails, go to the city council or County Board and complain that you’re being treated unfairly. It could get you a few more dollars as well.
Here is the link:
https://www.fhwa.dot.gov/federal-aidessentials/catmod.cfm?id=19
I wouldn’t involve a lawyer unless it goes to eminent domain.
Ah, okay. So when you get your lawyer retained, you have one good starting point.
I am suing the township I live in for violation of my property rights through an illegal decision from the Zoning board. I am currently paying a law firm $450 an hour and will cost me around $30K by the time this is over with.
Our freedoms and rights are not cheap to defend.
I wish you the best of luck
At least they are not threatening to put you in jail yet.
Ignore my comments on city or county since you are dealing with the State. But they should be well versed in federal right of way acquisition procedure. Also since there is a high likely hood that here are federal dollars involved, you can take this to federal court should the need arise.
This happened to me on a project where the contractor made a claim that I denied, and he sued in state court. It went all the way to the State Supreme Court and they lost each time, but since it had federal money in it they appealed to a federal judge who ended up ruling in their favor.
I’ll pray for ya’. My relatives are in PA and are trying to sell their house “by owner”. The realtors have “blackballed” them because they want their cut.
If this is the county or state, you'll spend all your money and they're still going to get what they want. Seriously. I've got a friend here in Florida, who just went through this exact same thing. She didn't win. Cost her north of $150,000 to fight the county. Wasted her money.
It's not necessary to fight every battle in life. Sometimes its better to bend than break. You may think you're in the right in this case and you may very well be, but you're not in the driver's seat.
Take the best offer they'll give you and accept it as progress or move somewhere else where progress won't affect you.
Fighting this with lawyers and your hard-earned money is a no-win situation for you. The county or state has the upper hand.
The lawyers will have your money, the land will be taken anyway and you'll end up right where you didn't want to be to begin with but now you'll be broke.
The “322 corridor” covers the entire length of the state! From West Shenango Township southeast (at the Ohio border) to the Commodore Barry Bridge over the Delaware River in Chester (at the New Jersey border. My folks lived close to 322 in Downingtown. Where are you, just out of curiosity.
Sorry to hear you have to deal with this. It’s going to be a real pain in the keister.
Thanks so much for your feedback and I will assimilate all of it in my actions on this. I find it baffling that the mortgage holder could take part of any settlement - though I don’t doubt they would try. It is somewhat akin someone winning personal injuries damages in a car accident and the car insurance company wanting a cut. I get that the value of the property may be reduced vis-a-vis their interest in it and the value to mortgage ratio. But then I would add any changes to my mortgage terms based on the new value as added compensation for my claim from the state. Wow, you brought up a great point I had not even thought of. Thank you. I will make sure I mention that to whatever attorney I use.
I had no choice and had to lease part of my property to DOT so they could replace a bridge. They offered a set price which was based on square footage. An acquisition map was given me. I thought I was fine because they would be nowhere near my house. What damage could they possibly do?
Ripped up my driveway, mutilated my lawn and removed my walkway.
I contacted the supervisor who said I never had a walkway. My grass fills the area, not theirs. Every time I mentioned the acquisition map which had the correct walkway measurements, he ignored it or said the map is not important. He even suggested that I removed my walkway.
So, based on my experience, TAKE PHOTOS. Photos of EVERYTHING on your property no matter how silly, even detailed photos of your grass, tree barks. Take photos from your roof.
Get names of every single contractor, subcontractor that will be working. (Supervisor passed the blame and now I have to search who did what)
Make sure that if they damage anything it will be replaced/fixed according to your liking, not theirs. Have this on paper.
When they offer you money, do not accept it till their work is complete and you’re happy with your property.
Damn! Sorry to hear that. Fortunately my situation is kind of boilerplate in the overall scheme of things. I wish you luck.
I sold my last house by owner and offered the 3% commission a buyers agent would have got anyway. One way to keep your property on the radar. The buying agent made $18k but I saved $18k.
We’re in the upper Chichester area, about a mile before it already expands into 2 lanes each way towards I95.
Do your research very carefully. Find an endangered species in your area and report sighting one in the woods behind your house. This will tie up any expansion project well beyond your lifetime.
I’d get somebody with a drone and high quality camera to capture aerial photos, too.
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