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Can PennDOT or the Turnpike Commission take private land for a road or highway project?

Generally yes provided all of the legal requirements are met; however, a property owner still has the right to protect his or her property interests. Sometimes a project will involve PennDOT or the Turnpike Commission seeking an easement or right of way across a piece of property. Other times, it may involve the change of ownership of some or all of a piece of property. There are times when the taking will require a relocation of the property owner, but many times it does not. The type and extent of a taking depends on many factors such as the type and scope of the project and the location of the affected property in relation to the project. Determining the type and scope of a taking is an important first step in protecting a property owner's property interests.

If PennDOT and the Turnpike Commission have met all of the legal requirements, usually the primary item at issue in this type of situation is the value of the land being taken for the project. Both PennDOT and the Turnpike Commission are required by law to pay just compensation for any land that is being taken by the agency. Our law firm helps property owners defend their property rights by helping to confirm that PennDOT and the Turnpike Commission have met all of their legal requirements relative to a requested taking and also works to help property owners maximize the compensation paid to them. If your Pennsylvania property is being impacted by a road or highway project, our attorneys may be able to help.

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