Valuation and Just Compensation Archives

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.

Lavery Law Attorneys Present at PBI

On February 17, 2016, Lavery Law attorneys Sunshine J. Thomas and Peter J. Carfley presented at the Pennsylvania Bar Institute ("PBI") Eminent Domain Seminar in Pittsburgh, Pennsylvania. Additionally, Sunshine and Peter also presented at the same seminar in Mechanicsburg, Pennsylvania on February 24, 2016. The conference was entitled "The Legal Issues Surrounding Pipeline and Right-of-Way Agreements in the Marcellus Shale Region" with Sunshine and Peter presenting the section on "The Legal Issues Surrounding Pipeline and Right-Of-Way Agreements in the Marcellus Shale Region". Sunshine spoke about the eminent domain condemnation process, the steps that a pipeline company must follow in order to initiate the process, and the defenses available to property owners. Pete spoke about valuation and the Board of View process.

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