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.
What country is this property in?
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.
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.
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.
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.
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.
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.
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.
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.