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Property problems

In the early ‘90s, after repeated issues with the hillside sliding behind his home, which is adjacent to a roadway above, Robert Joswiak contacted Pennsylvania officials seeking help. After an evaluation of the land, he says he agreed to sell his home to the state’s department of transportation at fair market value.

“They did tell me that land will never be sold. It will never be built upon. It’s condemned,” Joswiak recalled to WPXI-TV News.

But 14 years later, the broadcaster says, the property was sold to Schwartzbauer.

In addition, WPXI-TV News reports it contacted former state district engineer Henry Nutbrown, who told journalists the land was purchased by the state because of a landslide. Nutbrown added he didn’t know why it was sold.

“The woman needs help. She suffered a grave injustice that should have never occurred to no fault of her own,” Joswiak said of Schwartzbauer. “Somebody’s got to be held responsible.”

Department of transportation officials declined to comment on the story to WPXI-TV News, citing potential litigation.

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Where to go from here

Schwartzbauer may be facing the loss of her home and the thousands of dollars she's invested in the property. She can't sell the house and may even be in danger if the slide hits her home. Home insurance typically doesn’t cover damage from landslides, either. As the hillside continues its slow creep toward her house, Schwartzbauer is committed to holding the state accountable.

“I don’t want to lose my house. I want the state to rectify the issue and fix the damage,” she said. “My house is unsellable.”

She added: “I’m not asking them to build me a mansion. Just make me whole here, and fix it so it doesn’t happen again.”

Even though she bought the property as-is, she claims the state didn’t disclose any landslide issues and insists she would have never purchased the land had she known it might be at risk.

Schwartzbauer says she considered filing a lawsuit but admitted attorney fees were too high. However, Lt. Gov. Austin Davis told the broadcaster he was looking into the matter.

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Danielle Antosz Freelance contributor

Danielle Antosz is a freelance contributor to Moneywise.

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