NCHRP 20-84 Improved Right-of-Way Procedures and Business...

NCHRP 20-84Improved Right-of-Way Procedures

and Business Practices

Cesar QuirogaTexas Transportation InstituteTexas A&M University System

Research Objectives• Develop improved right-of-way procedures and

business practices for the project development and delivery process– Compare a reference right-of-way business model in

compliance with the Uniform Act (as codified in 42 USC 4601 et seq.) and an improved model based on an objective analysis of key business process elements

• Develop best practices for property management

2

Research TasksPhase I:1. Review Project Development and Delivery Practices2. Analyze Existing Right-of-Way Development and Delivery3. Prepare Phase I Interim Report

Phase II:4. Analyze Key Project Development and Delivery Activities5. Develop Integrated Right-of-Way and Project Development and

Delivery Model6. Develop Best Practices for Property Management7. Prepare and Conduct Peer Exchange8. Develop Training Materials9. Prepare Preliminary Draft Final Report10. Prepare Draft Final Report

3

Key MilestonesItem Original Mod. 1 Mod. 2

Initial research need statement 2008-2009Request for proposals 11/2009Authorization to begin Phase I 06/2010Plan and conduct survey 11/2010 03/2011Submit Phase I report 12/2010 05/2011Conduct panel meeting 01/2011 11/2011Authorization to begin Phase II 02/2011 04/2012Finalize integrated PDP model 01/2012 03/2013Conduct peer exchange 10/2011 12/2012Submit draft final report 03/2012 05/2013NCHRP review and approval 05/2012 07/2013Submit final report 06/2012 08/2013

Research TeamNCHRP 20-84 Panel Researchers

John Garner (Chair) – Former FDOTJohn Campbell – TxDOTGerald GallingerJohn Michael Jones – MSHALyle McMillan – UDOTJames Thiel – WisDOTKenneth Towcimak – ConsultantMark Weaver – CaltransKathy Facer – FHWA LiaisonKimberly Fisher – TRB LiaisonJames McDaniel – TRB LiaisonDavid Reynaud – NCHRP Staff

Cesar Quiroga (PI) – TTIStuart Anderson – TTIEdgar Kraus – TTIPaul Krugler – TTIJohn Overman – TTILisa Harrison – PinnacleAlex Souder – PinnacleAaron Adkins – PinnacleRobert Cooney – eVisionRobert Neblett – J. WalkerBrad Anderson – J. Walker

5

Phase I Activities• Review practices on state project development

and delivery workflow processes• Analyze a typical right-of-way development and

delivery model in compliance with the Uniform Act (without constraints from regulations)

• Conduct online survey and interviews

Information Gathered• State DOT organization chart: 45 states• Right-of-way division org. chart: 8 states• PDP manual (or equivalent): 37 states• PDP diagram: 35 states• Right-of-way process diagram: 16 states• Right-of-way manual: 42 states• Utility manual: 32 states

Typical PDP – Level 1 Diagram

11

Typical PDP – Level 2 DiagramSc

opin

g, S

elec

tion,

Fi

nanc

ing,

and

Sc

hedu

ling

Identify project need and scope

Prepare cost estimate and

identify funding sources

Alte

rnat

ive

Ana

lysi

s an

d Pr

elim

inar

y Pl

ans

Envi

ronm

enta

l Pro

cess

Rig

ht-o

f-Way

Map

, Aut

horiz

atio

n to

Acq

uire

Pro

pert

y,

Prop

erty

Acq

uisi

tion,

and

Rel

ocat

ion

Ass

ista

nce

Util

ity C

onfli

ct A

naly

sis,

Per

mits

, Rel

ocat

ion,

and

R

eim

burs

emen

tD

esig

n an

d PS

&E

Ass

embl

yLe

tting

Acq

uisi

tion

Conduct Conceptual Design

Meeting

Authorize project development

Develop transportation plans

Identify project requirements and conduct studies

Collect data for preliminary design

Obtain permission to enter property

Examples include additional traffic data, existing utilities, aerial photography, topographic surveys, and other surveys

Develop alternative alignments (preliminary schematics)

Select preferred alternative and

develop geometric schematic

Circulate, review, and revise geometric schematic

Obtain approval for final geometric

schematic

Provide input to planning and programming

Identify public and environmental

concerns

Includes Initial Site Assessment

Conduct early interagency coordination

Prepare Draft Environmental Documentation

Conduct public meetings (including one or more required public hearings)

Evaluate natural and cultural

resource impacts

Evaluate socio-economic impacts

Evaluate noise impacts

Evaluate hazardous materials

Includes identification of potential displacees

Conduct air quality analysis

Prepare draft environmental

document

Obtain environmental

clearance

Develop final environmental

document

Meet environmental commitments after

clearance

Including handling contamination according to existing laws and regulations and coordination during right-of-way acquisition

Rel

ocat

ion

Ass

ista

nce

Adv

isor

y


Conduct preliminary right-of-way

research

Coordinate with other stakeholders in relation to engineering, potential relocation, and hazmat issues

Obtain authorization to acquire property

Prepare right-of-way map and

property descriptions

Secure federal, state, and local

agreements

Prepare utility certification

Prepare right-of-way certification

Establish just compensation

Con

stru

ctio

n

Examples include feasibility study, major investment study, planning and environment linkages (PEL) study, traffic study, and identification of project features such as toll lanes, HOV lanes, and railroad corridor preservation

Planning and Programming Preliminary Design Detailed Design Letting Construction Post Construction

Notes: Property management activities are arranged for presentation purposes only. They do not indicate specific duration or an ordered sequence.Some activities are not part of the project development and delivery process. They are shown here for completeness because they are normally included in the property management function at state DOTs.

Inventory and manage assets

Dispose surplus right-of-way property interests

Dispose surplus non right-of-way property interestsLease real property assets

Conduct appraisal Prepare written offer

Acquire by negotiation

Acquire by condemnation

Require owner to surrender

possession

Determine relocation

assistance eligibility

Provide relocation assistance advisory(residential)

Provide relocation assistance advisory(non-residential)

Issue relocation payments(residential)

Issue relocation payments(non-residential)

Prop

erty

Man

agem

ent


Conduct preliminary utility investigations Survey visible utility appurtenances and assess impact Conduct detailed utility investigations

Conduct design analyses

Develop final horizontal and

vertical alignmentsConduct detailed design Prepare PS&E

package

Let project

Build and deliver project

Conduct environmental re-evaluation

Examples include metropolitan and rural transportation plans, statewide transportation plan, unified transportation program, and transportation improvement plan.

Prepare and execute joint-use and multiple-use

agreements

Dispose improvements

Conduct design meeting Conduct 30%, 60%, and 90% design meetings Conduct final design and initial construction

coordination meetings

Conduct pre-construction

meeting

Monitor utility relocations and reimburse utility owners

Coordinate utility relocation design with utility owners

Prepare and execute utility agreements


14

Project Duration (GAO Report)

• Planning: 4-5 years• Preliminary design and environmental review: 1-5 years• Final design and right-of-way acquisition: 2-3 years• Construction: 2-6 years• Total: 9-19 years

Project Duration (AASHTO Report)

• Planning: 2-3 years• Environmental process: 4-6 years• Detailed design: 2-3 years• Right-of-way acquisition and utility relocation: 1-2 years• Construction: 2-3 years• Total: 10-15 years

Project Duration (Florida DOT)

Appraisal

Negotiation

Relocation

Property Management

Order of Taking

Condemnation

Construction Begins

0 2 4 6 8 10 12 14 16 18 20 22

6-10 months

6-8 months

0-9 months

0-2+ years

1-4 months

Project Duration (Minnesota DOT)100% Construction Limits

Titles

R/W Base Map from Surveys

Field Titles

R/W Package

ACOTs attorneys condition of title

Plats and Descriptions

Contracts for Fee Appraisers

Appraisals ( Fee )

D.P. Offers by Mail (Direct Purchase)

Condemnation

Request for Authorization from FHWA/ PIF / T & P (Public interest finding letter)

Project Letting Date

MONTHS18-4-6 0 2 4-2 166 8 12 1410

Project Duration (NC DOT)

Project Duration (Texas DOT)• ROW release to possession: 18 months

– Standard deviation/range: 16/69 months• Initial appraisal to possession: 11 months

– Standard deviation/range: 13/59 months• Factors:

– Total number of parcels in a project– District right-of-way staff size– Project complexity

ROW Process According to the Uniform Act (USC 4601 et seq)

• Analyze each URA provision– Subchapter I (General Provisions)– Subchapter II (Uniform Relocation Assistance)– Subchapter III (Uniform Real Property

Acquisition Policy)• Map each provision to the PDP

– Functional areas and interdependencies


24

ROW Process – Level 3 Diagram

Available to All Displaced Persons Who Are Eligible for Advisory Services

Not lawfully present in the U.S.

Displaced person

Not eligible for assistance

Not a displaced person

§4625(a)Conduct early

planning toanticipate

displacements and associated problems

§4625(b)

Does not occupy adjacent property

§4625(b)

Occupies adjacent property

Substantial economic

injury

No substantial economic injury

Lawfully present in the U.S.

§4625(c)(1)Determine and

make timely recommendations

on needs and preferences of

displaced persons for relocation

assistance

§4625(c)(2)Provide information

on comparable replacement dwellings for

homeowners and tenants


on suitable locations for

businesses and farm operations

§4625(c)(4)Assist businesses

and farm operations in obtaining and

becoming established at a

suitable replacement

location

§4625(c)(5)Supply information about other federal and state programs

and provide assistance in applying for

assistance under those programs

§4625(c)(6)Provide other

services in order to minimize hardships

to displaced persons in adjusting

to relocation

§4626Identify last-resort

housing replacement

Residential

Non-residental

Comparable dwelling available

Comparable dwelling not

available

Major disaster or emergency

§4605Eligible for relocation

assistance advisory services

To an individual who is the displaced person’s spouse, parent, or child and who is a U.S. citizen or permanent resident in the U.S.

§4625Relocation assistance advisory includes measures, facilities, or services as needed or appropriate

§4625(a)Provide for the resolution of problems to

minimize adverse impacts on

displaced persons and expedite

project completion

§4651(5)Provide 90-day written notice of

date by which move is required

§4625(c)(3)Require person to move immediately

from dwelling



Expense and dislocation

allowance option

§4622(b)Pay allowance according to

schedule established by the

U.S. DOTActual moving

cost option

§4622(a)Determine actual

reasonable moving expenses

Utility facility relocation Franchise

No utility relocation No franchise

Extraordinary relocation cost

No extraordinary cost

Determine utility relocation costs, increase in value, and salvage cost

Non-routine relocation expense, not included in annual utility budget as an operational expense.

Pay utility relocation costs less increase

in value minus salvage cost

Utility owner has a franchise or similar agreement with respect to the use of the displacing agency’s right-of-way, easement, or other property.

Utility relocation costs, betterment, and accrued depreciation

§4622(a)Pay actual moving

and related expenses

Homeowner at displaced

dwelling

≥180 days at displaced dwelling

90-180 days at displaced dwelling

Tenant at displaced dwelling

Purchase at new site

§4623(a)Determine

replacement housing payments

Rent at new site

If homeowner purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after (a) receiving acquisition payment or (b) displacing agency’s obligation under §4625(c)(3) is met.

Not to exceed $22,500, including the following (§4623(a)): (a) Difference in acquisition cost between dwelling acquired by displacing agency and reasonable cost of comparable replacement dwelling.(b) Increased interest and other debt service costs for financing acquisition of such comparable replacement dwelling (payable only if mortgage at dwelling acquired by displacing agency was in place for ≥180 days prior to initiation of negotiations).(c) Reasonable expenses for evidence of title, recording fees, and other closing costs for the purchase of the replacement dwelling (not including prepaid expenses).The limit of $22,500 does not apply to last resort housing (§4626).

Prior to the initiation of negotiations for the acquisition of the property (§4623(a)).

§4624Determine

additional costs to rent or lease a

comparable replacement

dwelling

Rent at new site

Purchase replacement

dwelling

§4623Pay replacement housing amount

Determine eligibility for maximum

amount

The displacing agency may increase the payment to the maximum of $5,250 (used for down payment and other incidental expenses) (§4624(b)). For homeowners who have owned and occupied the displacement dwelling 90-180 days prior to the initiation of negotiations, the amount cannot exceed the maximum they would receive if they qualified under §4623(a).

Anticipated low fair

market value

Offer accepted

Administrative settlement

Negotiation not successful

Alternate dispute

resolution

No alternate dispute resolution or alternate dispute resolution was

not successful

§4651 (3)Establish just

Compensation

Not anticipated low fair market

value

Starting point not included in the Uniform Act. The following is assumed as the starting point for formal real property acquisition activities:(a) Authorization to acquire property has been received. (b) Right-of-way map and other related documents have been prepared.(c) Environmental document has been prepared and approved, except under certain conditions.

§4651(2)Exercise option to apply procedure to

determine if property has an

anticipated low fair market value

§4601(6)(A)Provide written

notice of intent to acquire property

§4651(2)Invite owner to

accompany appraiser during

inspection

§4651(2)Inspect property

§4651(3)Develop approved appraisal of the fair market value of the

property

Not less than the agency’s approved appraisal of the fair market value of the property

Must be for the full amount of just compensation as established by the agency (and summary of basis for just compensation). Where appropriate, list just compensation for acquired property and damages for remaining real property separately.

Conduct appraisal

§4651(3)Develop appraisal of the fair market value of the property. Disregard decrease or increase in the fair market value of the property caused by the project (or the likelihood the property would be acquired for the project).

§4651(9)Include uneconomic remnants in real property appraisal

§4651(3)Prepare written

offer

The Uniform Act does not explain the process to require persons to move if they are not eligible for assistance because they are not lawfully present in the U.S.

Do not take any coercive action (such as advancing the time of condemnation, delaying negotiations or condemnation, or delaying depositing funds in court) in order to compel an agreement on the price to be paid for the property.

§4651(1)§4651(7)Conduct

negotiations

Negotiation is

successful

Donation

The Uniform Act mentions donations (§4651(2), §4651(10)). It does not mention other options such as administrative settlements or alternate dispute resolutions. These options are included in the diagram for completeness and illustration purposes.

§4651(4)Pay to owner

agreed purchase price to acquire

property

Conditional event if owner finds it necessary to institute legal proceedings to prove the fact of the taking of the real property.

§4653Reimburse owner for reasonable title transfer expenses

Amount not less than the agency’s approved appraisal of the fair market value or the amount of the award of compensation in the condemnation proceedings

Includes:(a) Recording fees, transfer taxes, and other similar expenses(b) Penalty costs for prepayment of preexisting mortgage(c) Pro rata portion of real property taxes

§4651(8)Conduct

condemnation proceedings

§4651(4)Deposit funds in

court in accordance with 40 USC 3114(a) to (d)

Agency can acquire by

condemnation

Agency cannot acquire by

condemnation§4654(a)§4654(b)

Pay reasonable attorney, appraisal,

and engineering fees to owner

Or agency abandons proceedings

§4651(8)Inverse


Owner sues agency

Judgment outcome

§4654(a), §4654(b)Pay reasonable attorney, appraisal, and engineering fees to owner (if court renders a judgment for the plaintiff)

§4651(4)Require owner to

surrender possession

Early Relocation Planning

Not mandatory according to the Uniform Act (§4651(2), §4651(10)).

Either sales or donations.

The Uniform Act does not define what notice of intent to acquire is. The notice could be the offer itself or a different document.It Includes statement of right to receive just compensation for such property.

Keep appraisals for uneconomic remnants separate from required property. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants).

§4652(a)Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected

§4652(b)(1)For buildings, structures, or other improvements, select larger of:(a) Contribution to fair market value of property to be acquired(b) Fair market value for removal from the real property

Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease

Make written offer

Offer must not result in duplication of payments. No such payment is made unless the landowner disclaims all interest in the improvements of the tenant. Tenant must assign, transfer, and release right, title, and interest. Tenant has a right to reject payment under this section and seek payment under other applicable laws.

§4651(3)Make prompt written offer to

owner to acquire the property

§4652Make offer to tenant for

tenant-owned improvements

§4651(9)Include offer to acquire uneconomic remnants

Requires informing owner of the right to receive just compensation (§4651(10))

Not occupied property



Occupied property

A displaced person is any person who moves from real property or moves his/her personal property from real property in connection with the acquisition of right-of-way or in connection with rehabilitation, demolition, or other permanent displacing activities undertaken by a federal agency or with federal financial assistance. The Uniform Act includes provisions for determining whether a person can be classified as a displaced person (§4601(6)).

Exceptional and extremely unusual

hardship

The Uniform Act (§4601(10) defines a comparable replacement dwelling to be any dwelling that is:(a) decent, safe, and sanitary; (b) adequate in size to accommodate the occupants; (c) within the financial means of the displaced person; (d) functionally equivalent; (e) in an area not subject to unreasonable adverse environmental conditions; and(f) in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment.

§4626(a)Take actions as

necessary to provide a

comparable dwelling

As needed, exceed maximum amount on a case-by-case basis

§4623(b)Insure mortgage on


dwelling

The Uniform Act suggests that insuring a mortgage is not mandatory for an agency (§4623(b)).

Eligible person purchases a decent, safe, and sanitary replacement dwelling (§4624).

The Uniform Act indicates “not more than 180 days” (§4624(b)). There is a one-day overlap.

Within statutory limits: $22,500 (§4623(a))$5,250 (§4624(a))

Project cannot proceed on a timely basis because comparable dwelling (within statutory limits) is not available .

The Uniform Act does not address what happens if the duration is <90 days.


Legend

Exclusive gateway: When splitting, only one branch is activated. When merging, the active branch must complete.

Inclusive gateway: When splitting, one or more branches are activated. When merging, all active incoming branches must complete.

Parallel gateway: When splitting, all branches are activated simultaneously. When merging, all incoming branches must complete.

Activity: Unit of work. Types of activities include tasks and sub-processes.

Sub-process (collapsed).

Group: Set of graphical elements within the same category.

Pool: Process partition that represents a major functional area or role. It may include one or more lanes.

Lane: Process sub-partition within a pool.

Annotation Annotation.Sequence flow.

Sub-process (expanded).

Start event.

Start event (conditional).

End event.

§4601(6)Apply procedure to determine whether

person is a displaced person

The process must be non-discriminating against any displaced person.

<90 days at displaced dwelling

The Uniform Act does not address the possibility of renting.

Eligible for additional payment

Not eligible for additional payment

Application by mortgagee

No application by mortgagee

Fixed payment option

§4622(c)Pay fixed payment according to criteria established by the

U.S. DOT ($1,000 -$20,000)

Actual moving cost option

No

Yes§4622(a)

Determine actual reasonable moving and related expenses, including the following:(1) Actual reasonable moving expenses.(2) Actual direct losses of tangible personal property (not to exceed amount equal to the reasonable expenses that would have been required to relocate such property).(3) Actual reasonable expenses in searching for a replacement business or farm.(4) Actual reasonable expenses to reestablish operations at the site (not to exceed $10,000).



In lieu of the payment authorized under §4622(a)

Is the sole business at the displacement dwelling the rental of the dwelling to others?

Eligibility:

Actual moving

expenses

Loss of tangible personal property

Searching for replacement business or

farm

Expenses to reestablish operations

Small business

Not small business

Farm

Nonprofit organization

Trigger event not included in the Uniform Act. The following is assumed as the starting point for the determination of utility relocation expenses:(a) Need for utility relocation has been established. (b) Utility relocation drawings and other related documents have been prepared.

See relocation eligibility determination lane below for other permanent displacement activities (e.g., rehabilitation and demolition) that can trigger a process starting point (§4601(6)).

§24.103(b)

§24.102(k)

§24.105(a)

§24.105(c)

§24.102(d), §710.201(j)

§24.102(d)

A permanent displacement activity (e.g., rehabilitation and demolition) under a program or project undertaken by a Federal agency or with federal financial assistance (§4601(6)(A)).

See valuation planning lane above for right-of-way acquisition activities that can trigger a process starting point.

§24.102(d)

§24.102(k)

§24.102(e)(3), §24.105

Rent

Do not rent

Decision to rent acquired property §4651(6)

Rent acquired property

If leased to original owner or tenant, the lease amount cannot exceed the fair rental value of the property.

Do not rent

Decision to rent acquired property



If lease is on a short-term basis or for a period subject to termination on short notice.

§4625(f)Eligible for advisory assistance services

to the extent established by the displacing agency

Rent to original owner or tenant



Rent to others

§4625(b)Advisory services available at the discretion of the acquiring agency

No major disaster or emergency

§4625(c)(3)Assure person is

not require to move without opportunity

to relocate to comparable replacement

dwelling

The Uniform Act does not define what a small business is.

Comparable replacement dwelling (§4624(a)).

Not to exceed 42 months and not to exceed $5,250, unless it is last resort housing (§4624). Computation of payment must consider income of low-income displaced person.

The Uniform Act defines a utility facility as any system such as the following (§4622(d)):(a) Electric, gas, water, steam power, or material transmission or distribution system.(b) Transportation system.(c) Communication system (including cable television).(d) Fixtures, equipment, or other property associated with the operation, maintenance, or repair of that system.The utility facility must be located on property owned by a state or local government or over which a state or local government has an easement or right-of-way. A utility facility may be publicly, privately, or cooperatively owned.

§24.102(c)

§24.102(c)(2)(i), §24.108, §710.505(a)

§24.102(c)(1) §24.102(c)(1)

§24.105(c) includes a reference to salvage value in the case of tenant-owned improvements, which is not mentioned in the Uniform Act.

§24.105(a) applies exclusively to the acquisition of tenant-owned improvements.

§24.102(e)(1)

§24.102(b), §24.203(d)

§24.105(d)(1) to (3)

§24.102(h), §710.313(b)

§24.102(a), §24.102(f)

§24.102(i), §24.108, §710.505(a)

§24.108, §710.505(a)

§24.102(i), §710.105(b)

§24.102(j) §24.106

§24.102(j) §24.106

§24.107

§24.102(l)

§24.107

§24.102(j) §24.102(m), §710.403(d)

§24.102(m)

§24.102(j)

§24.102(j)

§24.2(a)(9)

§24.208

§24.203(c)(4), §24.204(b),

§24.204(b)

§24.205(c)(2)(i),

§24.205(c)(2)(ii) §24.205(c)(2)(v) §24.205(c)(2)(iv)

§24.205(c)(2)(ii)

§24.401(b)§24.402(a)

§24.404 §24.404(c)

§24.203(c)

§24.205(c)(2)(iii)

§24.205(c)(2)(iii)

§24.203(c)

§24.205(c)(1)

§24.302

§24.301(a) §24.301(a)

§24.401(a)(1)

§24.402(a)

§24.402(b)

§24.401(a)(2)

§24.401(b)

Not in 49 CFR 24

Not in 49 CFR 24

§24.402(c)

§24.402(b)

§24.402(a), §24.404(a)

§24.401(b)

§24.401(c)

§24.401(d)

§24.401(e)

§24.404(a)

§24.402(c)(1)

§24.305(a)(4)

§24.305(a)

§24.305(a), §24.305(c), §24.305(d)

§24.301(a)

§24.301(a)§24.301(g)(14)

§24.301(g)(17)

§24.304

§24.301(a) §24.301(a) §24.301(a) §24.304

§24.306 §24.306(c)

49 CFR 24 and 23 CFR 710 mention donations and administrative settlements but not alternate dispute resolutions.

§24.102(l)

§24.205(e)

§24.205(a)

§24.205(c)(1) §24.205(c)(1)

§24.208

§24.2(6)(6)

§24.204(a)

§4623(a)(1)

§24.401(f)

§24.102(d)

U.S. Code provision.

(In red italics) Code of Federal Regulations provision.

§4651 (3)

§710.305, §710.501, §710.503, §710.505

(In red italics) Annotation that pertains to a Code of Federal Regulations provision.

Annotation

§4651Acquisition by agreement with owner

Acquisition by Condemnation Proceedings

§4605

§4622(d)Utility Relocation Expenses




Displaced person






§4625(b)


§4625(b)



injury







assistance











location







to relocation


housing replacement

Residential

Non-residental



available









project completion




from dwelling




allowance option




cost option
















dwelling





§4623(a)Determine


Rent at new site




§4624Determine



dwelling

Rent at new site


dwelling



amount



market value

Offer accepted



Alternate dispute

resolution


not successful


Compensation


value









inspection



property



Conduct appraisal




offer



§4651(1)§4651(7)Conduct

negotiations

Negotiation is

successful

Donation




property





§4651(8)Conduct





condemnation






§4651(8)Inverse


Owner sues agency

Judgment outcome












Make written offer











Occupied property



hardship




comparable dwelling




dwelling








Legend











Start event.


End event.












U.S. DOT ($1,000 -$20,000)


No

Yes§4622(a)






Eligibility:

Actual moving

expenses



farm


Small business

Not small business

Farm




§24.103(b)

§24.102(k)

§24.105(a)

§24.105(c)

§24.102(d), §710.201(j)

§24.102(d)



§24.102(d)

§24.102(k)

§24.102(e)(3), §24.105

Rent

Do not rent




Do not rent










Rent to others






dwelling





§24.102(c)

§24.102(c)(2)(i), §24.108, §710.505(a)

§24.102(c)(1) §24.102(c)(1)



§24.102(e)(1)

§24.102(b), §24.203(d)

§24.105(d)(1) to (3)

§24.102(h), §710.313(b)

§24.102(a), §24.102(f)

§24.102(i), §24.108, §710.505(a)

§24.108, §710.505(a)

§24.102(i), §710.105(b)

§24.102(j) §24.106

§24.102(j) §24.106

§24.107

§24.102(l)

§24.107

§24.102(j) §24.102(m), §710.403(d)

§24.102(m)

§24.102(j)

§24.102(j)

§24.2(a)(9)

§24.208

§24.203(c)(4), §24.204(b),

§24.204(b)

§24.205(c)(2)(i),

§24.205(c)(2)(ii) §24.205(c)(2)(v) §24.205(c)(2)(iv)

§24.205(c)(2)(ii)

§24.401(b)§24.402(a)

§24.404 §24.404(c)

§24.203(c)

§24.205(c)(2)(iii)

§24.205(c)(2)(iii)

§24.203(c)

§24.205(c)(1)

§24.302

§24.301(a) §24.301(a)

§24.401(a)(1)

§24.402(a)

§24.402(b)

§24.401(a)(2)

§24.401(b)

Not in 49 CFR 24

Not in 49 CFR 24

§24.402(c)

§24.402(b)

§24.402(a), §24.404(a)

§24.401(b)

§24.401(c)

§24.401(d)

§24.401(e)

§24.404(a)

§24.402(c)(1)

§24.305(a)(4)

§24.305(a)

§24.305(a), §24.305(c), §24.305(d)

§24.301(a)

§24.301(a)§24.301(g)(14)

§24.301(g)(17)

§24.304

§24.301(a) §24.301(a) §24.301(a) §24.304

§24.306 §24.306(c)


§24.102(l)

§24.205(e)

§24.205(a)

§24.205(c)(1) §24.205(c)(1)

§24.208

§24.2(6)(6)

§24.204(a)

§4623(a)(1)

§24.401(f)

§24.102(d)



§4651 (3)

§710.305, §710.501, §710.503, §710.505


Annotation



§4605



market value

§4651 (3) / [301]Establish just

Compensation


value

§4651(2) / [301]Exercise option to apply procedure to



§4651(2) / [301]Invite owner to


inspection

§4651(2) / [301]Inspect property

§4651(3) / [301]Develop approved appraisal of the fair market value of the

property

Conduct appraisal

§4651(3) / [301]Develop appraisal of the fair market value of the property. Disregard decrease or increase in the fair market value of the property caused by the project (or the likelihood the property would be acquired for the project).

§4651(9) / [301]Include uneconomic remnants in real property appraisal

Not mandatory according to the Uniform Act (§4651(2), §4651(10) / [301]).



§4652(a) / [302]Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected

§4652(b)(1) / [302]For buildings, structures, or other improvements, select larger of:(a) Contribution to fair market value of property to be acquired(b) Fair market value for removal from the real property


§24.103(b)

§24.102(k)

§24.105(a)

§24.105(c)

§24.102(d), §710.201(j)

§24.102(c)

§24.102(c)(2)(i), §24.108, §710.505(a)

§24.102(c)(1) §24.102(c)(1)






Displaced person






§4625(b)


§4625(b)



injury







assistance











location







to relocation


housing replacement

Residential

Non-residental



available









project completion




from dwelling




allowance option




cost option
















dwelling





§4623(a)Determine


Rent at new site




§4624Determine



dwelling

Rent at new site


dwelling



amount



market value

Offer accepted



Alternate dispute

resolution


not successful


Compensation


value









inspection



property



Conduct appraisal




offer



§4651(1)§4651(7)Conduct

negotiations

Negotiation is

successful

Donation




property





§4651(8)Conduct





condemnation






§4651(8)Inverse


Owner sues agency

Judgment outcome












Make written offer











Occupied property



hardship




comparable dwelling




dwelling








Legend











Start event.


End event.












U.S. DOT ($1,000 -$20,000)


No

Yes§4622(a)






Eligibility:

Actual moving

expenses



farm


Small business

Not small business

Farm




§24.103(b)

§24.102(k)

§24.105(a)

§24.105(c)

§24.102(d), §710.201(j)

§24.102(d)



§24.102(d)

§24.102(k)

§24.102(e)(3), §24.105

Rent

Do not rent




Do not rent










Rent to others






dwelling





§24.102(c)

§24.102(c)(2)(i), §24.108, §710.505(a)

§24.102(c)(1) §24.102(c)(1)



§24.102(e)(1)

§24.102(b), §24.203(d)

§24.105(d)(1) to (3)

§24.102(h), §710.313(b)

§24.102(a), §24.102(f)

§24.102(i), §24.108, §710.505(a)

§24.108, §710.505(a)

§24.102(i), §710.105(b)

§24.102(j) §24.106

§24.102(j) §24.106

§24.107

§24.102(l)

§24.107

§24.102(j) §24.102(m), §710.403(d)

§24.102(m)

§24.102(j)

§24.102(j)

§24.2(a)(9)

§24.208

§24.203(c)(4), §24.204(b),

§24.204(b)

§24.205(c)(2)(i),

§24.205(c)(2)(ii) §24.205(c)(2)(v) §24.205(c)(2)(iv)

§24.205(c)(2)(ii)

§24.401(b)§24.402(a)

§24.404 §24.404(c)

§24.203(c)

§24.205(c)(2)(iii)

§24.205(c)(2)(iii)

§24.203(c)

§24.205(c)(1)

§24.302

§24.301(a) §24.301(a)

§24.401(a)(1)

§24.402(a)

§24.402(b)

§24.401(a)(2)

§24.401(b)

Not in 49 CFR 24

Not in 49 CFR 24

§24.402(c)

§24.402(b)

§24.402(a), §24.404(a)

§24.401(b)

§24.401(c)

§24.401(d)

§24.401(e)

§24.404(a)

§24.402(c)(1)

§24.305(a)(4)

§24.305(a)

§24.305(a), §24.305(c), §24.305(d)

§24.301(a)

§24.301(a)§24.301(g)(14)

§24.301(g)(17)

§24.304

§24.301(a) §24.301(a) §24.301(a) §24.304

§24.306 §24.306(c)


§24.102(l)

§24.205(e)

§24.205(a)

§24.205(c)(1) §24.205(c)(1)

§24.208

§24.2(6)(6)

§24.204(a)

§4623(a)(1)

§24.401(f)

§24.102(d)



§4651 (3)

§710.305, §710.501, §710.503, §710.505


Annotation



§4605



market value

§4651 (3) / [301]Establish just

Compensation


value

§4651(2) / [301]Exercise option to apply procedure to



§4651(2) / [301]Invite owner to


inspection

§4651(2) / [301]Inspect property

§4651(3) / [301]Develop approved appraisal of the fair market value of the

property

Conduct appraisal

§4651(3) / [301]Develop appraisal of the fair market value of the property. Disregard decrease or increase in the fair market value of the property caused by the project (or the likelihood the property would be acquired for the project).

§4651(9) / [301]Include uneconomic remnants in real property appraisal

Not mandatory according to the Uniform Act (§4651(2), §4651(10) / [301]).



§4652(a) / [302]Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected

§4652(b)(1) / [302]For buildings, structures, or other improvements, select larger of:(a) Contribution to fair market value of property to be acquired(b) Fair market value for removal from the real property


§24.103(b)

§24.102(k)

§24.105(a)

§24.105(c)

§24.102(d), §710.201(j)

§24.102(c)

§24.102(c)(2)(i), §24.108, §710.505(a)

§24.102(c)(1) §24.102(c)(1)




§4622(c)Pay fixed payment according to criteria established by the U.S. DOT ($1,000 -

$20,000)Actual moving

cost option

No

Yes§4622(a)






Eligibility:

Actual moving

expenses



farm


Small business

Not small business

Farm



§24.305(a)

§24.305(a), §24.305(c), §24.305(d)

§24.301(a)

§24.301(a)§24.301(g)(14)

§24.301(g)(17)

§24.304

§24.301(a) §24.301(a) §24.301(a) §24.304

Survey and Interviews• Survey participants:

– AASHTO subcommittees– TRB Committee on ED and Land Use– IRWA committees– Consultants

• 104 participants from 38 state DOTs• 24 consultants from 13 states• 17 interviews representing 6 state DOTs

Major Property Acquisition Issues

Other Property Acquisition Issues• Project funding uncertainty, including delays in passing state budget.• Inadequate timeframe to accomplish the work.• LPAs frequently do not have the required skills or knowledge to follow

regulations mainly because of inexperience and understaffing.• Poor quality of right-of-way maps.• Arbitrary number of appraisals assigned to one appraiser.• Required contract review process and central office approval causing

months to get appraisals assigned to contract appraisers.• Inadequate time to present written offer to property owners before

condemnation.

Outsourcing ROW Functions

• Appraisals• Rapport with property owners• Experience with LPAs• Work load• Costs

Performance Measures• Lead-time too short to enable effective interaction with property

owners and other stakeholders effectively and fairly• Need for a tool to measure quality of work compared to the cost

of delivery in a compressed project development environment• Productivity index that considers factors such as resources,

services, quality, and time• Impact of staff turnover, budget, and training effectiveness• Fairness of using performance measures on overworked right-

of-way agents

Major Property Management Issues

Research TasksPhase I:1. Review Project Development and Delivery Practices2. Analyze Existing Right-of-Way Development and Delivery3. Prepare Phase I Interim Report

Phase II:4. Analyze Key Project Development and Delivery Activities5. Develop Integrated Right-of-Way and Project Development and

Delivery Model6. Develop Best Practices for Property Management7. Prepare and Conduct Peer Exchange8. Develop Training Materials9. Prepare Preliminary Draft Final Report10. Prepare Draft Final Report

36

Questions?

• For additional information:– Cesar Quiroga– Email: [email protected]– Phone: 210-979-9411

37

NCHRP 20-84 Improved Right-of-Way Procedures and Business...

Documents

Transcript of NCHRP 20-84 Improved Right-of-Way Procedures and Business...