Frequently Asked Questions

---

Right-of-Way

• How is the highway location determined?
  It is our goal to establish the most direct, safest and useable highway facility at the least possible cost to the public. To accomplish this we undertake intensive studies on several possible routes, called "alignments", in order to find the one that will result in the least possible inconvenience or injury to the public and the private landowner. Statistical data concerning economic, population and traffic volume trends for the area are analyzed. Aerial and ground surveys are taken, and consideration is given to a range of engineering factors, including safety, drainage, and soil types. In addition, public meetings will be held to incorporate your feedback.
  
  
  
• Why was I sent this Notice of Intent to Enter Letter?
  A Notice of Intent to Enter letter is sent to all property owners within a proposed project limits in order to notify the property owners that the Department of Transportation and their consultants will be performing various types of engineering investigations on and around their property. These investigations could include surveying, geotechnical core boring, environmental research or a variety of other activities. If your property is to be disturbed, such as for core borings, it is the responsibility of the driller to contact the property owner first to ensure subsurface conflicts do not arise.
  
  
  
• Why do we have to complete the Environmental Site Assessment Forms?
  This step is taken so that the Department can receive feedback from the property owners to determine if there are any underground facilities (ie. tanks, septic systems) on the property in question. The Department and/or consultant use this information to minimize any potential impact or damage to the property during the preliminary investigations. The information is also used to ensure that during the investigations, the workers' safety is not compromised.
  
  
  
• What is a highway "right-of-way"?
  "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 then gives the "right-of-passage" to the public.
  
  
  
• What is "eminent domain"?
  "Eminent domain" is the term used to describe the Commonwealth's constitutional power to acquire privately owned land for public purposes. PennDOT executes this power only when it will benefit the public as a whole, and only after the public has been informed.
  
  
  
• What are my rights?
  According to Amendment V of the U.S. Constitution, no person shall be deprived of life, liberty or property without due process of law, nor shall private property be taken for public use without just compensation. In this situation, it is your right to receive just compensation in exchange for your property were it to be taken. A fair market value will be determined for your property, and you will receive this as just compensation along with several other benefits. Pennsylvania's Eminent Domain Legislation is considered the most liberal of its kind in the U.S.. Your rights throughout this process are given primary consideration.
  
  
  
• Who will contact me?
  You may be contacted several times during any potential acquisition process. Your first contact will usually be a letter informing you that your property will be affected by the highway project. Various Right-of-Way Representatives will personally visit you. All appointments will be made at your convenience, (within reason, of course).
  
  
  
• How is my property value determined?
  The value of your property will be determined by PennDOT staff appraisers and/or independent real estate appraisers hired by PennDOT. All appraisers are certified by the Pennsylvania State Board of Certified Appraisers. Local real estate trends, and the value of comparable properties will be taken into consideration. All appraisals are reviewed by qualified and certified Reviewing Appraisers to assure that you receive just compensation for your property.
  
  
  
• What will I be paid for my property?
  If your entire property is needed, you will be offered its current Fair Market Value, as determined by the appraisal process. If only a portion of your property is needed, and if the acquisition has more than a minor impact on the property, you will be offered the difference between the value of the whole property and the value of the part remaining.
  In addition to the Fair Market Value for your property, you are also entitled to the following benefits:
  
  1. All fees incidental to the transfer of your property to the Department.
  2. Any mortgage prepayment penalty you would be required to pay as a result of the acquisition.
  3. Reimbursement for up to a total of $500 for reasonable expenses you paid for an appraiser, engineer or attorney to evaluate PennDOT's offer.
  4. If PennDOT acquires a residence or business that you occupy, you will be entitled to relocation benefits.
  
  
  
• What if I disagree with the offer?
  If you do not believe that the fair market value offer provides "Just Compensation", and if you can provide factual information pertaining to the value or damage of your property which was not available to the appraisers, PennDOT officials will gladly have the appraisal reevaluated.
  
  
  
• Must I accept PennDOT's offer?
  The vast majority of property acquisitions are settled on an amicable basis. Keep in mind, a careful procedure is used to arrive at a Fair Market Value for your property, and PennDOT cannot, by law or by our policy, offer you less than Just Compensation for your property.
  
  If however, an agreement cannot be reached through negotiations, PennDOT in order to proceed with the project, would be forced to file a "Condemnation Proceeding" (Declaration of Taking) in the Court of Common Pleas. At the point of condemnation, you will be offered the full amount of the appraised Fair Market Value as Estimated Just Compensation. You may elect to accept the Estimated Just Compensation without jeopardizing your right to contest the amount in court, or you can refuse the payment and it will be deposited in your name with the Prothonotary of your county (Fayette County or Greene County).
  
  Once a declaration of taking has been filed, either you or PennDOT may petition, within five years, for a Board of Viewers, or the amount paid will be considered payment in full, in accordance with the Statute 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 appeal may be made to the Court of Common Pleas. (Under most circumstances this procedure is not necessary.)
  
  
  
• When will I be paid for my property?
  For your convenience, payment will be processed as quickly as possible. Once agreement is reached, payment can be expected within four to six weeks.
  
  
  
• Who can I talk to to discuss my situation in more detail?
  You can contact the Right-of-Way section at
  PennDOT District 12
  825 North Gallatin Ave ext.
  P.O. Box 459
  Uniontown, PA 15401
  Phone: (724) 439-7146
  
  
  

---

Section A10

• Will the bridge be shut down?
  No. The replacement structure will be built near the existing bridge, so as to keep it open during construction.
  
  
  
• Will there be detours?
  No. Traffic on S.R. 21 will be maintained in both directions.
  
  
  
• What will the bridge replacement cost?
  The new bridge and road widening work will cost at least $50 million.
  
  
  
• When will construction begin?
  Construction is expected to begin in 2008 (if funding becomes available).
  
  
  
• How many lanes will the new bridge have?
  Four.
  
  
  
• What properties will be taken?
  Some homes and businesses will be affected by the project. Preliminary right-of-way impacts were presented at the November 10, 2004 public meeting.

---

Section C10

• Why are you doing this project?
  There are two primary reasons.  The first is to create a safer facility.  Injury and fatality rates exceed statewide averages.  82 reported crashes occurred in the proposed SR 0021 C10 section between 1994 and 1998, resulting in 10 fatalities.  Contributing factors are high traffic volumes, numerous cross street intersections, short passing zones, etc.  The second reason is to increase capacity of the existing facility.  Traffic volumes are expected to increase from an average annual daily traffic volume of 11,200 to 17,000 by the year 2025 for the C10 section.  The proposed four lane divided highway will improve safety, as well as increase capacity of this corridor.
  
   
• Is this going to become a limited access highway?
  The proposed highway will not provide limited access, but will restrict left turns to occur only at jughandle locations and the signalized intersection at SR 3013 (McClellandtown/Lambert Road).  Driveways will have access to SR 0021, as well as most local roads, however, due to the placement of median barrier, access will be limited to right in and right out.
  
   
• What is the anticipated speed limit?
  The proposed four lane facility is classified and designed as a rural arterial with a design speed of 60 mph, as per PennDOT Highway Design Manual Part 2, Publication 13M, July 2002 Edition, and will have a posted speed limit of 55 mph.
  
   
• Why is there only one traffic signal for this section?
  After thorough analysis of traffic data and accidents on the other intersections within this section, the SR 0021 / SR 3013 intersection was the only one that satisfied the required criteria to warrant a traffic signal.  T-456 (Bukovitz Farm Road) was the next closest intersection to meeting the traffic signal warrants, however, Bukovitz Farm Road had only 41% of the required traffic needed to meet the warrant to locate a signal at this location.  To place a signal at a location that doesn’t warrant one can create an increased traffic hazard, since an unexpected disruption in traffic flow is created.
  
   
• Can additional traffic signals be added?
  The design of the proposed facility, including the eighteen foot wide median, will easily accommodate additional traffic signals as they become warranted due to increased development in the area.
  
   
• Will this project make this road any safer?
  SR 0021 Section C10 has an extremely high fatality rate, as much as twenty-nine (29) times the state wide average for certain segments. Over a five (5) year period, crashes on this five-mile section of highway have resulted in ten (10) lives lost.  The placement of concrete median barrier will provide separation of opposing traffic and reduce the number of fatalities attributed to head-on collisions, as well as angle and rear-end collisions, by limiting access to right-in, right-out turning movements onto SR 0021.  Designated left turn lanes will be used at the breaks in the median barrier and improved sight distance will be provided at these locations.
  
   
• How will traffic be maintained during construction?
  Since most of the project is being widened to the north, the two (2) proposed westbound lanes will be constructed first, with traffic remaining on the existing roadway.  Traffic will then be shifted onto the newly constructed westbound lanes while the eastbound lanes are being constructed.  No detour routes are anticipated.
  
   
• What properties will be taken?
  The project will affect some homes and businesses, however, it is too early to know what will be affected since the exact locations of the highway alignment and jughandles have not yet been established.  When the existing SR 0021 was realigned and improved in 1953, additional right-of-way was purchased at this time for future widening to the north.  The legal right-of-way is currently 120 feet in width and is centered on the outside edge of the westbound lanes.  All additional input from the public will be considered before the optimum locations are determined.  Displacements won’t be known until after design field view approval scheduled in 2006.  Periodic updates of the project’s progress will continue through additional public officials meetings, public meetings, public advisory committee meetings and this webpage.

---

Section H10

---