Full question:
Can your state department of transportation take the 20' right of way from the homeowner and widen the road without compensation?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Pennsylvania
Answer:
The government has the power of eminent domain, which allows it to acquire private property for public use. This process can occur without the owner's consent. The Fifth Amendment of the U.S. Constitution states that private property cannot be taken for public use without just compensation, a principle reinforced by the Fourteenth Amendment for state and local governments.
The eminent domain process typically starts with a resolution from the government agency declaring the need to take property, followed by an appraisal and an offer of compensation. If a property owner believes the compensation is inadequate, they can file a lawsuit against the government. However, once the government deposits the offered amount in a trust account, it gains ownership of the property while the case is pending.
In Pennsylvania, the process for taking property is outlined in statutes such as 26 Pa.C.S.A. § 302, which details the requirements for a declaration of taking, and § 305, which mandates that the condemnor must notify the property owner within thirty days of filing. If the property is partially taken, the owner is entitled to compensation proportional to the loss. Additionally, if government activity devalues adjacent property, this may also qualify for compensation under the concept of constructive taking.
In summary, the state can take a homeowner's right of way for road widening, but it must provide just compensation as mandated by law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.