What is highway Right-of-Way?
A.Right-of-Way is the term used to describe “right of passage” over another’s land. When the Commonwealth acquires land for Highway Right-of-Way purposes, it is actually obtaining “right of passage” over land on which a public road ultimately will be built. It is a Constitutional right of the Commonwealth to acquire land for public purposes. The term used to describe this right is “Eminent Domain”. Eminent Domain states that it is the inherent right of the State to acquire land when it is needed for public use. The Pennsylvania Department of Transportation will execute this right only when it will benefit the public. Q.
