PennDOT warns of ‘misleading’ letter over connector project. An attorney pushes back
Pennsylvania’s transportation agency wagged its finger at one of the state’s top eminent domain attorneys, describing his letter to some property owners in the potential path of a major Centre County highway construction project as “intentionally misleading.”
Harrisburg-area attorney Mike Faherty’s unsolicited letter to owners that could lose their livelihoods to the State College Area Connector project “misrepresents information regarding the alternatives being considered for the project,” the Pennsylvania Department of Transportation wrote in a message shared Tuesday by Harris Township with its residents.
Faherty, who worked for PennDOT from 1989 until 1992, said he sent letters to some 145 property owners in November. He disputed PennDOT’s message Thursday, saying the agency’s message left out “critical” information.
“People who live in glass houses should not throw stones,” Faherty said. “It’s PennDOT that’s misleading or providing false information.”
The letters were developed based on PennDOT’s existing maps and public information, Faherty said.
“Perhaps PennDOT is providing false or misleading info to avoid property owners obtaining experienced eminent domain legal representation,” he said.
The back-and-forth brings into focus the tens of millions of dollars PennDOT expects to spend to buy out homeowners and business owners. It could represent anywhere from about 7% to nearly 13% of the entire project.
No properties have been identified for acquisition; the agency is working through an early planning phase that identified three potential alignments through the U.S. Route 322 corridor.
Detailed environmental and engineering studies of the alternatives has not been completed. That process — to the dismay of some landowners and Harris Township’s board of supervisors — is expected to take more than a year.
Right-of-way acquisition is slated to begin in summer 2026 and continue for three years.
“It is impossible to identify specific property limits that may be required for the construction of this project,” PennDOT wrote. “... I want to assure you that we are still evaluating the corridors areas and refining our studies.”
Those who may lose their property to eminent domain — the government’s right to forcibly buy private property for public use — can expect to be contacted by PennDOT several times.
The price can be determined by the agency, independent consultants or certified real estate appraisers hired by PennDOT. Real estate trends and the value of comparable properties are taken into consideration.
An offer does not need to be accepted; owners can challenge the proposal in court.
The three proposed routes through Harris and Potter townships have an estimated price tag that ranges from $432 million to $517 million.
The existing highway is expected to see a 27% increase in annual average daily traffic by 2050, while daily truck volume is expected to increase by 31%.
Construction is scheduled to begin in 2028 and be completed by 2033.
This story was originally published February 3, 2023 at 5:00 AM.