WHEN YOUR LAND IS NEEDED FOR TRANSPORTATION PURPOSES
WHEN YOUR LANDIS NEEDED FORTRANSPORTATIONPURPOSESSOME QUESTIONS AND ANSWERS ONTHE PENNSYLVANIA DEPARTMENT OFTRANSPORTATION’SACQUISITION PROCESSPUB 83 (12-15)
FORWARDThis booklet has been prepared for the individual landowner. Ithas been designed to briefly outline and answer the mostcommonly asked questions pertaining to the land acquisitionprocess used by the Pennsylvania Department of Transportation(PennDOT).Should your property be needed for a transportation purpose, mostcommonly the construction of a highway, you may be assured thatour Right-of-Way Representatives will gladly answer anyquestions you may have. They will also be available to assist youthroughout the land acquisition process.The address andtelephone number of the eleven PennDOT District Right-of-WayOffices appear on the last page of this booklet.You may also be assured that it is our intention to achieve the ngyoursatisfaction as a private landowner. We will treat every claimantas fairly and courteously as possible.1
TABLE OF CONTENTSFORWARD1TABLE OF CONTENTS2HOW IS HIGHWAY LOCATION DETERMINED?3WHAT IS HIGHWAY RIGHT-OF-WAY?3WHAT IS EMINENT DOMAIN?3WHAT ARE MY RIGHTS?3WHO WILL CONTACT ME?4WHO DETERMINES THE AMOUNT OF JUSTCOMPENSATION?4WHAT WILL I BE PAID FOR MY PROPERTY?4HOW WILL MY OFFER BE PRESENTED?5WHAT IF I DISAGREE WITH THE OFFER?5MUST I ACCEPT PENNDOT’S OFFER?6WHEN WILL I BE PAID FOR MY PROPERTY?6DISTRICT ADDRESSES / PHONE NUMBERS92
HOW IS HIGHWAY LOCATION DETERMINED?It is PennDOT’s goal to establish the most direct anduseable highway facility at the least possible cost to the public. Toaccomplish this, PennDOT undertakes intensive studies on severalpossible routes in order to find the route that will result in the leastpossible inconvenience or impact to the public and the privatelandowner and to comply with environmental regulations.Statistical data concerning the economy, population needsand traffic volume trends are analyzed for the area under study.Aerial and ground surveys are taken, and consideration is alsogiven to such factors as safety, drainage and soil types. Inaddition, public meetings are held to discuss the proposed alternatelocations.WHAT IS HIGHWAY RIGHT-OF-WAY?Right-of-Way is the term used to describe “right ofpassage” over another’s land. When PennDOT acquires title toyour land, PennDOT becomes the owner and it then gives the“right of passage” to the public. PennDOT also often acquireslesser easements that allow you to keep ownership of your land butin some manner restricts your usage of the area to activities that donot interfere with its needs. PennDOT also often acquires a right touse your land temporarily to complete its project, and after theproject completion the land reverts back to your full control.WHAT IS EMINENT DOMAIN?Eminent Domain is the term used to describe theCommonwealth’s Constitutional right to acquire privately ownedland for public purposes. PennDOT executes this right only whenit will benefit the public as a whole.WHAT ARE MY RIGHTS?According to Amendment V to the U.S. Constitution, noperson shall be deprived of life, liberty or property without dueprocess of law, nor shall private property be taken for public usewithout Just Compensation. In this situation it is your right toreceive Just Compensation in exchange for your property.3
Pennsylvania’s Eminent Domain Legislation is considered themost liberal of its kind in the U.S. Your rights as a property ownerare given primary consideration.WHO WILL CONTACT ME?You will be contacted several times throughout theacquisition process. Your first contact will usually be a letterinforming you that your property will be affected by a highwayproject. Various Right-of-Way Representatives will also personallyvisit you. All appointments will be made at your convenience,within reason, of course. It is our desire to make this process runas smoothly as possible.WHO DETERMINES THE AMOUNT OF JUSTCOMPENSATION?The amount of Just Compensation for your property maybe determined by PennDOT right-of-way staff, District OfficeAppraisers and/or by independent right-of-way consultants or realestate appraisers certified by the Pennsylvania State Board ofCertified Appraisers which are hired by PennDOT.JustCompensation can be determined either through an appraisalprocess or through a process known as a waiver valuation as not allimpacts to land may require an appraisal to estimate damages.An appraisal may not be necessary where damages do notexceed 10,000 and PennDOT determines the valuation isuncomplicated. PennDOT may also use the waiver valuationprocess where damages exceed 10,000 unless the property ownerelects to have PennDOT perform an appraisal. You will receive awritten offer letter and the letter will indicate whether the amountwas determined by an appraisal or a waiver valuation.WHAT WILL I BE PAID FOR MY PROPERTY?Local real estate trends and the value of comparableproperties will be taken into consideration when determining thevalue of your property which you will be offered as JustCompensation.4
In addition to amounts offered as Just Compensation, youare also entitled to the following benefits:1.All fees incidental to the transfer of your property to theDepartment.2.Any mortgage prepayment penalty you would be requiredto pay as a result of the acquisition.3.Reimbursement for up to a combined total of 4,000.00 perproperty for reasonable expenses paid for an appraiser,engineer or attorney to evaluate PennDOT’s offer.4.In addition, if PennDOT acquires a residence or businessthat you occupy, you will be entitled to RelocationBenefits. These benefits are explained in Bulletin #47. Youwill receive a written 90-day notice prior to vacating anyacquired property.5.PennDOT requires clear title to the property it acquires.Any liens, mortgages, judgments, taxes or other obligationswith regard to your property must be satisfied either priorto or at the time of settlement, or partial release obtained asapplicable.HOW WILL MY OFFER BE PRESENTED?Usually a Right-of-Way Representative will personallypresent you with a written offer for your property. In some casesyour offer will be mailed to you. Each owner is treated on thesame basis, and each claim is settled on its merits.WHAT IF I DISAGREE WITH THE OFFER?If you do not believe that the offer provides “JustCompensation”, and if you can provide factual informationpertaining to the value or damage of your property which was notavailable during the valuation process, please bring the informationto PennDOT’s attention.5
MUST I ACCEPT PENNDOT’S OFFER?The vast majority of property acquisitions are settled on anamicable basis. Keep in mind, a careful procedure is used to arriveat an offer of Just Compensation for your property, and PennDOTcannot, by law or by our policy, offer you less than the writtenoffer of Just Compensation.If, however, an agreement cannot be reached throughnegotiations, PennDOT, in order to proceed with the project, willbe forced to file a “Condemnation Proceeding” (Declaration ofTaking) in the Court of Common Pleas. At the point ofcondemnation, you will be offered the full amount of thedetermined value for your property as Estimated JustCompensation. Although negotiations will be ongoing, you mayelect to accept the Estimated Just Compensation withoutjeopardizing your right to contest the amount in court, or you canrefuse the payment and it will be deposited in your name with theProthonotary of the county in which the property is located.Once a declaration of taking has been filed, either you orPennDOT may petition, within six years, for a Board of Viewers,or the amount paid will be considered payment in full, inaccordance with the Statue of Limitations. At a Board of View,the Viewers will consider your testimony, as well as PennDOT’s,and make an award. If either party is still dissatisfied, an appealmay be made to the Court of Common Pleas. Under mostcircumstances, however, this procedure is not necessary.WHEN WILL I BE PAID FOR MY PROPERTY?For your convenience payments will be processed asquickly as possible and, once agreement is reached, payment canbe expected within two to three weeks.Before you receive payment, however, you are responsiblefor providing PennDOT with several things, such as:A clear title to the property being acquired. Any liens,mortgages, judgments, taxes or other obligations with6
regard to your property must be satisfied either prior to orat the time of settlement.A completed Form W-9, RequestIdentification Number and certification.forTaxpayerGuidance on completing these requirements will beprovided to you by your Right-of-Way Representative.7
Pennsylvania Dept of Transportation Engineering Districts8
DISTRICT OFFICE ADDRESSES:District 1-0255 Elm StreetPO Box 398Oil City, Pa 16301(814) 678-7069District 2-070 PennDOT DriveClearfield, PA 16830(814) 765-0444District 3-0715 Jordan AvenueMontoursville, Pa 17754(570) 368-4337District 4-055 Keystone Indus. ParkDunmore, Pa 18512(570) 963-4071District 5-01002 Hamilton StreetAllentown, Pa 18101(610) 871-4100District 6-07000 Geerdes BoulevardKing of Prussia, Pa 19406(610) 205-6510District 8-02140 Herr StreetHarrisburg, Pa 17103(717) 787-4861District 9-01620 North Juniata StreetHollidaysburg, Pa 16648(814) 696-7210District 10-02550 Oakland AvenuePO Box 429Indiana, Pa 15701(724) 357-4808District 11-045 Thoms Run RoadBridgeville, Pa. 15017(412) 429-4853District 12-0PO Box 459825 North Gallatin Avenue Ext.Uniontown, Pa. 15401(724) 439-71469
Right-of-Way is the term used to describe “right of passage” over another’s land. When PennDOT acquires title to your land, PennDOT becomes the owner and it thengives the “right of passage” to the public. PennDOT also often acquires lesser easements that allow you to keep ownership of your land but
The variety of land use and land cover data needs is exceedingly broad. Current land use and land cov er data are needed for equalization of tax assess ments in many States. Land use and land cover data also are needed by Federal, State, and local agencies for water-resource inventory, flood control, water Cited by: 4883Publish Year: 1976Author: James R. Anderson, Ernest E. Hardy,
Contents PROLOGUE 8 INTRODUCTION 10-11 1 WHY LAND 13 1.1 Land, power and democracy 14 1.2Land and conflict 16 1.3 Land and development 16 1.4 Land and organized crime 18 2. MORE LAND IN FEWER HANDS 21 2.1 The largest 1% of farms occupy over half of agricultural land 23 2.2 The smallest 80% of farms occupy less than 13% of land 25 2.3 The gender gap in access to land 27
land. Without a clear land registry this is a cause of complex land disputes. Many land disputes in Mogadishu could be solved by establishing a well-functioning land registry. However, the land registry issue is linked to a more general lack of interest in making justice work because “political disorder” enables illegal land grabbing.
urban land is owned by the public sector, land is by far the most valuable asset on the . In 1990, the State Council formally affirmed land leasing as public policy. By 1992, Shanghai and Beijing had adopted land leasing as local practice, and it . The purchaser of a land lease acquires land rights for a period of 40 to 70 years, depending .
the land use/ land cover maps prepared for the two different years using multi-date satellite data i.e. 2005-06 and 2011-12. The distribution of land use/ land cover classes in the study area in 2005-06 and 2011-12 (Map 3 & 4) is represented in Table 1. Table1: Statistics of land use / land cover
Land Lease Fee 742143 153 3,337,582,471 2.2 Land Development Fee 742253 20,228,014,920 13.1 Income from sale of goods and services other 742 1,140,009,741 0.7 Total Local Government Own Revenues 54,870,693,724 35.6 A. The Land Use and Land Development Fees The land use and the land development fees deserve special attention because they are .
(b) the land is the whole or part of land the subject of a claim under section 36 and: (i) the Crown Lands Minister is satisfied that the land is claimable Crown land under section 36, or (ii) the Court has ordered under section 36(7) that the land be transferred to the Council, and the land has not been transferred to the Council.
2. Land Use and Land Cover Techniques A modern nation, as a modern business, must have adequate information on many complex interrelated aspects of its activities in order to make decisions. Land use is only one such aspect, but knowledge about land use and land cover
