RIGHT OF WAY BEST PRACTICES

FOR LOCAL PUBLIC AGENCIES

PURPOSE

This Seminar is intended to assist LPA’s to secure funding for local road projects and as a guide for right-of-way acquisitions.

PROJECT DEVELOPMENT

The LPA program is typically administered by State DOT’s and a Management Consultant who delivers the project management and oversight activities.

The LPA must initiate and maintain communications with the Management Consultant who in turn works with the State DOT Real Estate Coordinator. This includes utility and railroad coordination and encroachments.

ROW Activities ?

EIR CERTIFICATION

Planning

PROJECT

PEOPLE

PROJECT

PEOPLE

TEAM

SkillsToolsProcessOrganization

AD HOC PROJECT BASED

PROJECT DELIVERY SYSTEM BASED

TEAM

SkillsToolsProcessOrganization

Project Delivery

A NEW APPROACH

Internal Stakeholders

PROJECT LEAD

External Stakeholders

Core DesignTeam

Management

Public Works and Utilities Director/County Engineer

Transportation Division Manager

Design Engineering Supervisor

External Stakeholders

Project Lead

Internal Stakeholders

Core DesignTeam

Operational Chart

Change the Team Makeup

Organizational Chart

Right of Way Supervisor

Staff Team

Member

Project Delivery

Project Delivery

EARLY INVOLVEMENT

YOU WANT ROW WHEN?!

– Up Front Planning Meetings

– Property Owner Contact

– Public Hearings

– Review the Right of Way Plat

PROJECT STAFFING AND ACQUISITION CAPABILITY STATEMENT

Separation of staff functions and minimum requirements for R/W personnel- Appraisers- Review Appraisers- Negotiation Agents- Relocation Specialists

ACQUISITION CAPABILITY STATEMENT

Indicates that LPA has adequate and qualified staff to acquire right-of-way

Staff must be approved by the State DOT

APPRAISAL PROCESS

State DOT’s typically have a list of approved appraisersAppraisal Formats Property inspection & owner contactAppraisal Review- Local Funds- State or Federal FundsOffer price approval

NEGOTIATION PROCESS

Brochure requirementNegotiation DiaryNegotiation ProceduresProhibited ConductInitiation of NegotiationsOffer price letter

PROPERTY OWNER APPRAISALS

60-day deadlineReasonable feeQualified appraiser Significant new evidenceRevised offering price letter

ACQUIRING PROPERTY INTERESTS

Conveyance types- Deeds- Easements- Permits

“Must have” language

CONDEMNATION PROCESS

Jurisdictional Offer-Post 60-Days

Notice of Lis Pendens

Award of Compensation- Direct to Owner- Clerk of Courts

PROPERTY MANAGEMENT

Now what do I do with this property?

Which Agency / Department manages the acquired properties?

CERTIFICATION AND RECORDS

ROW Certification- Copies of all conveyances & permits- Utilities - Encroachments- Relocations completed Records ManagementCompliance

REIMBURSEMENT OF STATE/FED AID

Statement of Expenditures- Documentation- Contracts, Invoices and Receipts- Closing Statements - Litigation Expenses

CONCLUSION

LPA’s should follow at least the minimum procedures to secure approvals and assure reimbursement

LPA’s are responsible to ensure all state and federalProcedures are followed.