Freedom Road Upgrade Project - Frequently Asked Questions

Frequently Asked Questions

Why are you doing this project?
This project is being undertaken by PennDOT in cooperation with the Federal Highway Administration, the Beaver County Commissioners and legislators, and the municipalities of New Sewickley Township and Conway Borough in order to improve the safety of the roadway corridor currently consisting of S.R. 2004 and Crows Run Road between S.R. 0065 and S.R. 0989. This segment of the roadway consists of many substandard horizontal and vertical curves prohibiting safe automobile and truck travel. The project will improve these substandard features, remove truck restrictions, and provide vehicles with a safe passage from S.R. 0065 to S.R. 0989. Currently, the bottom section of Crows Run Road is closed due to erosion caused by the stream.
Is this the same project as the Crows Run Improvement Project?
No! The Crows Run Improvement project was charged with creating an east-west route between S.R. 0065 in Beaver County and S.R. 0019 in Butler County. The Department proceeded with trying to obtain an Environmental Impact Statement (EIS) for the Crow’s Run project until 2001 when the Federal Highway Administration and PennDOT rescinded the Notice of Intent of the EIS for the project. The Freedom Road Upgrade project was created to address the substandard curves on Freedom-Crider and Crows Run Roads and to create a safe and restriction-free roadway from S.R. 0065 to S.R. 0989.
Is my property going to be affected and, if so, to what extent?
We are currently only in the Preliminary Design phase of the project. During this phase, the Department investigates engineering parameters, traffic data, and environmental impacts. It also gathers input from the public officials as well as the general public. Several alternatives were developed and presented to the public. From that information, a preferred alternative was selected. Since its selection, PennDOT has refined the project. This refined alignment will continue through preliminary design when more accurate information pertaining to specific property impacts will be identified. More specific information on individual impacts will be known toward the end of summer in 2007.
Will there be detours?
The traffic control issues are currently being developed. Since the existing Crows Run Road is closed to through traffic, vehicles should already be using alternative routes to access property within the area of Construction Section A. Furthermore, it is anticipated that an alternative route to access Park Quarry Road will be needed when the access to new S.R. 2004 is under construction. As the project continues through the design process, public meetings will be held and newsletters will be distributed explaining the traffic control measures. Also, we will post details of any traffic control measures on this website.
When will Construction begin?
This question cannot be answered accurately at this time. Since we are in the early stages of the design process, it is nearly impossible to predict an accurate starting time for construction. We are hoping to begin construction of Section A in early 2010, but many variables could change that prediction. To this point, the design of the roadway has relied on known information about the geotechnical nature of this area. As design continues, actual geotechnical samples will be gathered and engineering assumptions may change based on what is actually in the study area. Additionally, the proposed roadway improvements will require right-of-way acquisition. Based on the preliminary design, preliminary right-of-way plans will be developed. At this stage, an estimate of quantity and cost of acquisition will be developed. As the project progresses through final design, the final right of way plans will be developed and appraisals will be performed. Soon thereafter, negotiations and acquisitions will occur. Often land acquisition can take at least two years to complete. We currently have funding approved for preliminary design, final design, utilities, and right-of-way, but there is not specific funding in place for construction. Hopefully, as the project moves forward, the funding will be obligated.
What will the project cost?
At this time, the cost estimate has not been determined. More preliminary design investigations on Construction Section A must be completed so that a more accurate cost can be determined. At this time, the most recent estimate outlined in Southwestern Pennsylvania Commission’s Long Range Transportation Plan (LRTP) is $32 million for construction.
How is the highway location determined?
It is our goal to establish the most direct, safest, and usable highway facility at the least possible cost to the public. To accomplish this, we are upgrading an existing direct route between S.R. 0065 and S.R. 0989. Construction Section A will enable traffic to travel from S.R. 0065 to S.R. 0989 without passing through the tight curves and steep grades of the local streets in Freedom.
Why was I sent a Notice of Intent to Enter Letter?
A notice of intent-to-enter letter is sent to all property owners within the proposed project limits in order to notify the property owners that the Department of Transportation, as well as their consultants, will be performing various types of engineering and environmental 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 was the Lovi Road intersection removed as part of the project?
Initially, this intersection was not part of the original project. After input from the public, several design concepts were developed and analyzed. However, due to excessive costs and considerable right-of-way impacts involving several relocations, the intersection was eliminated as part of this project. Depending on the needs and funds available in Beaver County, this intersection could be pursued as a separate project at some time in the future.
Why do we have to complete the Environmental Site Assessment Forms?
This step was taken so that the Department can receive feedback from the property owners to determine if there are any underground facilities (i.e., tanks, septic systems) on the property in the study corridor. The Department and/or consultant used this information to minimize any potential impact or damage to the property during the preliminary investigations. The information was and continues to be used to ensure that during the investigations, the workers' safety is not compromised.
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, including a negotiator and an appraiser, will personally visit you. Within reason, appointments will be made at your convenience.
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 United States. Your rights throughout this process are given primary consideration.
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 ensure 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 $4,000 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 to your property which was not available to the appraisers, PennDOT officials will gladly have the appraisal re-evaluated.
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, will 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 this 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 Beaver County.

Once a declaration of taking has been filed, either you or PennDOT may petition the court, within six years, for a Board of Viewers. After the six-year period and no legal proceedings have been commenced by your or your legal counsel, the amount paid will be considered as payment in full, in accordance with the Statute of Limitations, and your claim will be closed. 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 an agreement is reached and the Settlement Agreement and Deed have been signed by all the proper parties, payment can be expected within four to six weeks.