UNITED WE STAND
The page you are viewing was Last Updated on: Thursday, July 11, 2002
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The page you are viewing was Last Updated on: Thursday, July 11, 2002 |
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Pennsylvania
Turnpike Commission P.O.
Box 67676 Harrisburg,
PA 1 71 06-7676 Dear
Property Owner, We
at the Pennsylvania Turnpike Commission have a deep and abiding respect for the
property rights of individuals and the federal and state laws governing property
ownership. That
is why we pay strict attention to the methods by which the Commission acquires
property when it becomes necessary to do so for completion of new highway
construction and road improvement projects. Our
procedures place the highest priority on honoring the rights of individuals and
the value of their investments, while also ensuring that we remain true to our
mission of serving the vast population of the state. in order to provide all
Pennsylvanians modern, high-quality highways and transportation facilities, our
focus must be on what is best for the future of all citizens and our
Commonwealth's progress. We
have, therefore, published this brochure to explain in clear, concise language
the procedures we follow in acquiring property for Turnpike projects. Sincerely, Pennsylvania
Turnpike Commission
Select the question you wish to advance to:
The Pennsylvania Turnpike
Commission is responsible for building and maintaining roadways that are part of
the state's toll-road system. To carry out that
responsibility, it is sometimes necessary to acquire private land. The Commission is committed to ensuring that property is
acquired at fair market prices, and, if relocation is necessary, property owners
and tenants are moved to suitable locations with as little inconvenience as
possible. This brochure provides
information about the Commission's process of acquiring rights of way for new
highway construction and roadway improvement projects.
It includes information on public hearings, the appraisal process, and
negotiations between you and the right of way agent.
There is also information on what happens if you refuse the Commission's
offer to buy, and how the Commission will assist you if you have to move. On the back of the brochure are
addresses and phone numbers of the Pennsylvania Turnpike Commission's right of
way agents. They will be glad to
assist you in any way possible. HOW
WILL I BE INFORMED OF THE ROAD PROJECT? Your
first contact from the Pennsylvania Turnpike Commission may be a letter entitled
"Notice of Intent to Enter" advising you that preliminary studies are
to begin and asking for your cooperation. Surveys
and other studies are required prior to the development of design plans.
The fact that you receive a "Notice of Intent to Enter" letter
is not conclusive evidence that your land will be needed for construction.
If your property should, in fact, be needed for a public improvement
project, a Commission right of way agent will contact you. Public
meetings, public hearings, community and other informal meetings are held for
many road projects. At these
meetings, Commission representatives will answer your questions and provide
information and maps of the proposed road construction. After
a public involvement process that includes public meetings, public hearings and
approval of the project by the Federal Highway Administration, you will be
contacted as the acquisition process begins.
Your cooperation will help ensure the success of the process.
When the process advances to the stage where property acquisition
actually begins, you will receive a letter informing you that your property will
be affected by a highway project. A
negotiator, an appraiser and, if necessary, a relocation adviser will personally
visit you. They will make every
reasonable effort to schedule these appointments at your convenience. The Commission wants to make this process run as smoothly as
possible. WHAT
DOES THE APPRAISAL PROCESS INVOLVE? You
will receive fair market value for any property you own, including land or
buildings, that is required for a Pennsylvania Turnpike Commission project. To
determine the fair market value, a qualified appraiser will evaluate your
property, using the best information available. The appraiser considers recent property sales in your
neighborhood and community, as well as building costs and land values. During
the on-site appraisal, you may want to accompany the appraiser to point out any
unusual features on the property or to provide information you think may help
determine its value. Once
the appraisal is completed and approved through an independent review process,
negotiations are ready to begin. WHAT
IF ONLY A PORTION OF MY PROPERTY IS NEEDED BY THE COMMISSION? If
only a portion of your property is needed, you will be offered the difference
between the fair market value of the entire property and the value of the
portion remaining. This formula
takes into consideration any loss in value to the remaining portion of the
property. HOW
ARE NEGOTIATIONS CONDUCTED? Negotiations
are a crucial stage in the acquisition process. Successful
communication is essential. A
Pennsylvania Turnpike Commission representative will visit you to explain the
project and the amount of property required, along with any temporary or
permanent easements that will be needed. These
easements allow utilities to use a certain amount of your property to construct
their facilities or for the Commission to build sidewalks, slopes or drainage
areas. The Commission's
representative will tell you the amount of the appraisal and discuss with you
how it was calculated. If
you have any questions about what is being acquired, how much compensation is
offered or how the construction will affect the remainder of your property, do
not hesitate to ask the negotiator. You
will have time to consider the offer, and the negotiator will contact you again
to discuss the offer and answer any questions you may have. The
Commission will reimburse you up to $500 for any reasonable expense incurred for
an appraiser, engineer or attorney you may hire to evaluate your claim. WHAT
IF I DECIDE TO ACCEPT THE COMMISSION'S OFFER? If
you decide to accept the offer, you will be asked to sign a binding sales
agreement between you and the Pennsylvania Turnpike Commission.
Signing the sales agreement means that you agree to sell your property to
the Commission for the amount of the offer, and it commits the Commission to pay
you that amount. A Commission representative will arrange for a real estate
closing, to be held within 90 days of the signing of the sales agreement.
At the closing, you will be expected to sign the deed and a check will be
issued. WHAT
HAPPENS IF I DO NOT ACCEPT THE OFFER? The
vast majority of property acquisitions are settled amicably.
Keep in mind that a careful procedure is used to arrive at fair market
value for your property. If
the Pennsylvania Turnpike Commission is unable to purchase the right of way it
needs to build the highway through amicable negotiations, the Eminent Domain
Code requires the Turnpike Commission to initiate court proceedings to acquire
the necessary land and/or buildings from the property owner (referred to as
"Condemnee"). The
Commission will file a Declaration of Taking in the Court of Common Pleas of the
county in which the property is located. Any
property owner or other person with a property interest may, within 30 days of
being served with notice of the filing of the Declaration of Taking, file
Preliminary Objections in court to challenge the power or right of the
Commission (referred to as the "Condemnor") to acquire the property in
question. Upon
the filing of the Declaration of Taking, the Commission offers each Condemnee,
as payment on account, the amount of damages offered as Estimated Just
Compensation. This payment may be
accepted without jeopardizing the Condemnee's right to petition the court to
appoint a Board of View to determine the amount of damages to which the
Condemnee may later be determined to be entitled. If
the Condemnee refuses to accept this payment, the Commission will pay the money
to the court. The court will hold
the money for the Condemnee, without interest, until the Condemnee petitions for
its release. The
law entities the mortgage holder and other lien holders, as of the date of the
condemnation, (filing date for the Declaration of Taking) to payment on a
prorated basis out of the proceeds of any condemnation.
Thus, some or all of the payment may have to be paid to the mortgage
holders or lien holders, who must credit the Condemnee for the amount paid. After
filing a Declaration of Taking, either the Commission or any Condemnee may
petition the court to appoint Viewers to determine the amount of damages due the
owner and any other person with a property interest.
The Viewers will visit the property and hold a hearing to give each
Condemnee and his/her witnesses an opportunity to testify as to the amount of
damages. The Viewers enter an
amount, called an "Award:' and the Commission will be required to pay the
difference between the Estimated Just Compensation and the Award, unless it is
appealed by either party within 30 days of the filing of the Award.
If the Award is appealed, either party may demand that the case be tried
before a jury; otherwise, a judge sitting without a jury will try the case.
The jury's verdict or the judge's opinion is considered final and can be
appealed only if a legal error has occurred. WHAT
IF I HAVE TO MOVE BECAUSE OF THE PROJECT? Unfortunately,
transportation facilities cannot always be routed around homes, businesses,
farms or nonprofit organizations. It
may be necessary for you to move, but state and federal Relocation Assistance
Acts try to minimize any inconveniences caused by relocation. You will not be
required to move sooner than 90 days from the date of the Pennsylvania Turnpike
Commission's written offer to purchase your property. HOW
WILL THE COMMISSION ASSIST ME? The
Pennsylvania Turnpike Commission offers these services to those who must move,
whether you rent or own the property: ·
Information on properties available for rent or sale. ·
Information about low-rent housing subsidized by the government.
The Commission will assist you in filing an application. ·
Help with inspecting your proposed replacement home, assessing
required housing standards, and determining whether the home meets state and
federal guidelines. ·
Information on suitable locations for businesses, farms and
nonprofit organizations. ·
Transportation to potential replacement properties, if necessary. ·
Information on federal and state regulations that might affect
your relocation benefits. HOW
WILL I FIND A REPLACEMENT HOME? The
Pennsylvania Turnpike Commission's goal is to offer you an opportunity to
relocate to a home equal to or better than the one you now occupy.
In many cases, people who move find that their living conditions actually
improve. A
comparable replacement home is defined as a home that is functionally similar to
your present home. The replacement
home must meet certain standards, including state and local building, plumbing,
electrical, housing and occupancy codes. Our
professionals are available to help you. Please
do not sign a sales contract or lease agreement for a replacement home until a
Commission representative has inspected the dwelling and certified in writing
that it meets the federal and state requirements for decent, safe and sanitary
housing. Commission
projects will not advance to the construction stage until adequate replacement
housing has been found for you. WHAT
HAPPENS IF I OWN MY HOME? If
you plan to buy a replacement home and have been a homeowner (owner-occupant)
for 180 days or more before the initiation of negotiations, you are eligible for
certain benefits in addition to the fair market value for your property: ·
The Pennsylvania Turnpike Commission will offer you a replacement
housing payment sufficient to purchase a decent, safe and sanitary comparable
house. The Commission representative will explain how this payment was computed. ·
You also may be entitled to a mortgage interest differential
payment if the interest rate on the new mortgage exceeds that of your former
mortgage. ·
You will be reimbursed for eligible incidental closing costs. ·
The combined total of these payments (housing supplemental,
closing costs and mortgage interest differential) cannot exceed $22,5OO and the
payments will be limited to the amount you actually spend on these items in
buying your home. ·
If you have been a homeowner for at least 90 days, but less than
180 days before the initiation of negotiations and choose to buy another home,
you may be eligible for a maximum payment of $5,250 as reimbursement for
reasonable expenses required for the purchase. ·
If you were a homeowner for at least 90 days before negotiations
began and choose to rent rather than buy, you may be entitled to a maximum
payment of $5,250. The exact amount would depend on the rent required for the
house that meets the requirements for decent, safe and sanitary conditions and
on the rental value of your current home. WHAT
HAPPENS IF I RENT MY HOME? If
you have rented your home or apartment for at least 90 days before the
initiation of negotiations with the property owner, you will be offered
comparable housing and you may be entitled to a rental supplement of up to
$5,250, based on the additional cost required to rent comparable housing for a
period of 42 months. If you rent
but wish to buy, your rental offer may be applied to the price of a replacement
home, including closing costs. WHAT
IF I CAN'T FIND A PLACE TO BUY OR RENT7 If
comparable housing is not available within the defined criteria for benefits, it
will be necessary to consider other options under the federal guidelines for the
Replacement Housing of Last Resort Program. This program enables a Pennsylvania Turnpike representative
to work directly with you to find decent, sanitary and safe housing that is
acceptable to your needs. If you
are eligible for reimbursement under this program, the Commission representative
will explain the various options to you. HOW
WILL I BE REIMBURSED FOR MOVING EXPENSES? There
are two options for payment of moving expenses: 1.
Actual Reasonable Moving Costs You
may be paid for the actual reasonable moving costs if you use a professional
mover. Reimbursement will be
limited to a 50-mile distance in most cases.
Related expenses involved in the move may include packing and unpacking
personal property, disconnecting and reconnecting appliances, temporary storage
of personal property, insurance while property is in storage or transit,
transfer of telephone service and cable television and other expenses considered
eligible by the Pennsylvania Turnpike Commission. 2.
Fixed Moving Cost Formula If
you choose to move yourself, you will be paid according to a fixed rate based on
the number of rooms in your home. Your
relocation adviser will be able to tell you the exact amount you will be
eligible to receive if you select this option.
The formula is designed to include all the expenses incurred in moving,
including those services that must be purchased from others. The
owner of a displaced mobile home may be entitled to a payment for the cost of
moving the mobile home to a replacement site on an actual cost basis.
Displaced mobile home occupants (owners or tenants) also may be eligible
for payment for moving personal property from the mobile home, such as
furniture, appliances and clothing on an actual cost basis, or on the basis of a
moving cost schedule. For
a complete explanation of all moving cost options, including those for a mobile
home, please discuss the matter with your relocation adviser.
You must apply to the Commission in advance of your move, using a form
furnished by the Commission representative, indicating how and when you
anticipate moving. Once your
application is reviewed, you will be notified in writing of the approved amount.
The Commission's relocation adviser will be glad to help you complete the
application. It is in your best
interest to discuss all details of your move with your relocation adviser. Please remember: payment will not be made until the move is
completed. HOW
WILL I BE REIMBURSED FOR MOVING A BUSINESS, FARM OR NONPROFIT ORGANIZATION? 1.
Actual Cost Move (a)
Moving Expenses - This amount is the estimate from the professional
moving company doing the move or self-move costs not to exceed the commercial
moving estimate. (b)
Personal Property Loss - Reimbursement will be made for the value of
personal property that cannot be moved without destroying or diminishing its
value. This may be either because
of the unavailability of a comparable property, or if the utility of the
personal property would be substantially destroyed or diminished by relocating
the business, farm or nonprofit organization, or for some other reason. (c)
Searching - You may incur costs as you look for a replacement site.
The maximum reimbursement is $1,000.
Your relocation advisor can explain which costs are eligible for
reimbursement. (d)
Re-establishment Expenses - There is a $1 0,000 limit on this payment.
Please discuss this matter with your relocation adviser. 2.
Alternative Business Allowance This
payment option is based on the average annual net income of the business and
cannot be less than $ 1 000 or more than $20,000. If you choose this option, you would not be eligible for
benefits listed in Number I (Actual Cost Move). WHAT
IF I AM DISSATISFIED WITH THE RELOCATION BENEFITS? In
the event that you are dissatisfied with the determination concerning
eligibility for relocation benefits or the amount of the relocation payments
offered, you may notify the relocation officer in writing and request a hearing. A
hearing before an appeal officer will be promptly scheduled at your convenience,
at which time you will be given full opportunity to be heard.
You will be notified in writing of the decision reached by the appeal
officer. In most cases, an amicable
agreement can be reached with the Pennsylvania Turnpike Commission. WHERE
CAN I GET ADDITIONAL INFORMATION? From the project's public hearing phase until the time you are contacted personally by the right of way agent, you may get additional information by calling the Pennsylvania Turnpike Commission at the number listed on the back cover of this booklet. After the right of way agent has contacted you in person, this agent is your best source of assistance. If you are dissatisfied for any reason with the information or service the agent provides, contact the Right of Way Liaison at the Pennsylvania Turnpike Commission Legal Department in Harrisburg (listed below). Relocation
benefits have no adverse effects on: ·
Social Security Eligibility or Benefits ·
Welfare Eligibility or Benefits ·
State or Federal Income Taxes Legal
Department Pennsylvania
Turnpike Commission P.
0. Box 67676 Harrisburg,
PA 17106-7676 Contacts: Alphonse
P. Lepore, Jr., Assistant Chief Counsel John
Spicijarich, Right of Way Liaison (717)
939-9551, ext. 3220 Western
Regional Office Pennsylvania
Turnpike Commission 2200
North Center Avenue New
Stanton, PA 15672-9602 Contact: John
A. Frank, Relocation Officer (412)
352-7103 |
