chapter 11 right of way

CHAPTER 11

RIGHT OF WAY

This page has been left blank intentionally.

PREPARED BY Revised March 2009 NYSDOT

Chapter 11 Right of Way

i

CONTENTS

Section Page Number OVERVIEW OF CHAPTER 11 REVISIONS 11-iii CHAPTER 11 CHECKLIST 11-v 11.1 INTRODUCTION 11-1 11.2 UNIFORM ACT & THE GOVERNMENT-WIDE REGULATIONS 11-2 11.2.1 Eminent Domain and Condemnation – New York 11-2 11.2.2 The Uniform Relocation Assistance and Real Property 11-2 Acquisition Policies Act of 1970 11.3 PROJECT DEVELOPMENT 11-4 11.3.1 General 11-4 11.3.2 Environmental Planning Process 11-4 11.3.3 Public Involvement 11-4 11.3.4 Typical Project Development Cycle 11-4 11.3.4.1 Design and General Plans 11-4 11.3.4.2 Qualifications of Local Agency or Consultant Right of Way 11-5 Personnel 11.3.5 Right of Way Clearance Certificate 11-6 11.4 ADMINISTRATIVE MATTERS 11-7 11.5 VALUATION 11-7 11.5.1 Just Compensation 11-7 11.5.2 Appraisal 11-7 11.5.3 Appraisal Waiver 11-7 11.5.4 Appraisal Techniques 11-8 11.5.4.1 “Minimum Standards” Appraisals 11-8 11.5.4.2 Detailed Appraisals 11-8 11.5.5 Appraisal Qualifications and State Certification 11-9 11.5.6 Appraisal Scope of Work 11-10 11.5.7 Appraisal Review 11-10 11.6 ACQUISITION 11-10 11.6.1 Basic Acquisition Requirements 11-10 11.6.2 Appraisal 11-10 11.6.3 Donations 11-10 11.6.4 Functional Replacement 11-11 11.6.5 Hardship and Protective Buying 11-11 11.7 RELOCATION ASSISTANCE 11-11 11.7.1 Relocation Planning 11-11 11.7.2 Notices 11-12 11.7.3 Relocation Assistance Payments 11-12



ii

11.7.4 Residential Displacements 11-12 11.7.4.1 Moving and Related Expenses 11-12 11.7.4.2 Replacement Housing Payment 11-12 11.7.4.3 Mobile Homes 11-13 11.8 PROPERTY MANAGEMENT 11-13 11.8.1 Interim Permitting/Leasing 11-13 11.8.2 Post-Closeout Functions 11-14 11.8.3 Questions 11-14 11.9 FLOWCHART / GUIDELINES 11-15 11.9.1 Right of Way Incidental Phase 11-16 11.9.2 Right of Way Acquisition Phase 11-17 11.9.3 Construction Phase 11-19 11.10 GLOSSARY 11-20 11.11 REFERENCES 11-24 11.12 NYS LAWS AND REGULATIONS 11-25 Appendix Forms 11-1 PROJECT CHECKLIST 11-2 PROPERTY CHECKLIST 11-3 SAMPLE - BROCHURE 11-4 STATEMENT OF DONATION 11-5 RIGHT OF ENTRY FORM 11-6 RIGHT OF WAY CLEARANCE CERTIFICATE 11-7 STATUS OF RIGHT OF WAY ACQUISITIONS 11-8 LOCAL PROJECTS ROW COST ESTIMATE



iii

OVERVIEW OF CHAPTER 11 REVISIONS Chapter 11 has been re-updated to incorporate many of the suggestions provided for the August 2007 manual update. The quick turn around required prohibited the inclusion of many valid suggestions and chapter edits. A checklist is now included for users to “check-off” for overall compliance PRIOR to acquiring right-of-way. The chapter is organized in nine main sections: Introduction, The Uniform Act and Government-wide Regulations; Project Development; Administrative Matters; Valuation; Acquisition; Relocation Assistance; Property Management; and Guidelines for Acquisition of Real Property by Local Agencies for Federal-Aid Highway Projects. The following have been included in this Chapter. Some of the more prominent edits are: Note: Local Public Agency (LPA) is hereafter mentioned as Sponsors throughout this Chapter.

NEW Addition of checklist.

REVISED A warning to Sponsors to review all applicable laws and regulations, not rely solely on this manual.

NEW A note to users that any reference to contact Regional Real Estate should always include the Regional Local Project Liaison.

NEW Qualifications for local agencies & consultants to perform right of way activities.

REVISED Right of Way Clearance Certificate information expanded & the clearance of the right of way 3 weeks before advertisement requirement removed.

REVISED Valuation section language clarified.

REVISED Property Management section expanded.

REVISED Right of Way Process Guidelines updated.

NEW Pro rata tax payments

REVISED Glossary updated.

REVISED Appendix forms Project Checklist, Property Checklist, Right of Way Clearance Certificate and Right of Entry updated.



iv

As you read Chapter 11 Right of Way, be sure the following have been completed:

Chapter 1 Introduction and Overview

□ Verify the project is eligible for Federal-aid.

Chapter 2 Roles and Responsibilities

□ Complete PMP, who is doing what.

Chapter 3 Project Funding, Local Participation and Project Authorization

□ Identify who is paying for what, and where the money is coming from.

□ Identify funding sources for each element of the project.

□ The project has been included in an approved Transportation Improvement

Program and Statewide Transportation Improvement Program (TIP/STIP). Chapter 4 Local Project Agreements

□ Ensure the State/Local Agreement is in place (all projects).

□ Ensure the Local Resolution for the construction phase (or entire project) has

been passed (does not apply to NYC).

□ The “Contract Encumbrance Request” (Form AC340) has been submitted on

behalf of Sponsor by NYSDOT to the Office of the State Comptroller (OSC) with executed SLA.

Chapter 5 Accounting and Reimbursement Procedures

□ The proper accounting procedures have been explained to the Sponsor.

□ Federal “Authorization to Proceed” has been received prior to expending funds.

Chapter 6 Consultant Procurement and Administration

If utilizing a consultant:

□ A consultant has been selected in accordance with procedures provided in

Chapter 6.

□ The consultant contract has been executed and “Notice to Proceed” has been

issued to the selected consultant.



v

Chapter 7 Environmental Process and Studies

□ Level of required environmental review has been completed Categorical

Exclusion (Cat Ex), Environmental Assessment (EA), or Environmental Impact Statement (EIS) to satisfy NEPA and SEQRA requirements.

Chapter 8 Design Procedures

□ Approved Design Documents with Record of Decision/Design Approval.

□ Environmental Permits are completed.

□ The Plans, Specifications and Estimate (PS&E) package has been completed.

Chapter 10 Railroads and Utilities

□ Railroad agreements are being negotiated.

□ Utility agreements are in process.



Page 1 of 26

11.1 INTRODUCTION This Chapter supplements the Real Estate Acquisition Guide for Local Public Agencies published by the United States Department of Transportation (USDOT), Federal Highway Administration (Publication No. FHWA-PD-93-027). This Chapter does not duplicate all of the essential information provided therein, however, we provide the appropriate website to ease access as we progress. The companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/index.htm. Note: Local officials are strongly cautioned and advised that this manual is not all inclusive. Other relevant sources of information need to be investigated and followed in order to adequately comply with all of the requirements of the laws, rules, and regulations that come to bear on federally funded projects. The United States Constitution, Uniform Act, 49 CFR, 23 CFR, various federal rules and regulations as well as the New York State Constitution, NYS Highway Law, NYS Eminent Domain Procedure Law and others, MUST be adhered to or federal funding for an entire project may be put into jeopardy. The material provided in this Chapter focuses on the New York State laws, regulations, rules and policy controlling real estate acquisition and is to be read in conjunction with the Federal Real Estate Acquisition Guide for Local Public Agencies, which we will refer to as the “Federal Guide”. This Chapter is organized to mirror the Table of Contents in the “Federal Guide” for ease of use. The New York State requirements and comments are aligned with the subtitle in each Chapter of the “Federal Guide”. The companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/toc.htm The New York State Department of Transportation (NYSDOT) is responsible for the administration of Federal highway funds in New York State. NYSDOT is required to work with each Sponsor, both informing them and monitoring their compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which we will refer to as “Uniform Act”. The State is required to sanction a Sponsor for material non-compliance. The companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/ch1.htm If you familiarize yourself with the “Federal Guide”, review the Procedures for Locally Administered Federal Aid Projects (this manual), and seek clarification when needed from the NYSDOT Regional office, there is no reason you CANNOT have a fully compliant and successful transportation project. A Flowchart (page 21) and Guidelines (pages 22-26) for “Acquisition of Real Property by Local Public Agencies of Federal Aid Highway Projects” is provided in this Chapter.

The primary State laws and regulations used for all property acquisitions and relocation activities by governmental units in New York State include, but are not limited to, the following:

http://www.fhwa.dot.gov/realestate/lpaguide/index.htm

http://www.fhwa.dot.gov/realestate/lpaguide/toc.htm

http://www.fhwa.dot.gov/realestate/lpaguide/ch1.htm



Page 2 of 26

New York State Code of New York State Laws Rules and Regulations (NYCRR) Highway Law 17 NYCRR Part 15 Transportation Law 17 NYCRR Part 101 Eminent Domain Procedure Law

State Environmental Quality Review Act

11.2 THE UNIFORM ACT AND THE GOVERNMENT-WIDE REGULATIONS

The companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/ch2.htm

11.2.1 Eminent Domain and Condemnation - New York

The use of the power of eminent domain, as defined in the Federal Guide, by governments and entities in New York is prescribed in the Eminent Domain Procedure Law, as amended. This law makes a distinction in the acquisition processes based upon the court of jurisdiction of the acquiring entity. Counties, cities, towns and villages are under the jurisdiction of the New York State Supreme Court, and their use of eminent domain utilizes condemnation which is a judicial process. The State is under the jurisdiction of the State Court of Claims and the State’s exercise of eminent domain is through an administrative process of appropriation. This is an important distinction in New York State because the NYSDOT appropriation is different than the Sponsors’ condemnation process. The two processes are separate and distinct, and CANNOT be mixed.

Sponsors intending to accept federal highway funding are encouraged to review the Uniform Act and to consult their attorney or counsel’s office to gain an understanding of how they need to manage their eminent domain activities.

11.2.2 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

Public Law 91-646, The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, commonly called the Uniform Act, is the primary law for acquisition and relocation activities on federally assisted projects and programs. It is clearly explained in the Federal Guide, page 2 and in the guide’s appendix beginning on page 1-1. This guide identifies instances of when and how the Uniform Act applies to property acquisitions. It should be noted that failure to comply with provisions of the Uniform Act will result in denial of federal funds. The Uniform Act is divided into three major parts or Titles. They are:




Page 3 of 26

Title I - General Provisions and Definitions

Title I covers the general provisions, definitions and important limitations in the Uniform Act.

Title II - Uniform Relocation Assistance - Declaration of Findings and Policy

Title II contains provisions relating to the displacement of persons or businesses by federally assisted programs or projects. The State Transportation Department (STD) or acquiring agency must assure that displaced persons are afforded the proper assistance and provided all the payments to which they are entitled. The Sections are: Section 201 - Establishes uniform policy for fair and equitable treatment of those displaced Section 202 - Moving expenses for individuals, families, and businesses. Section 203 - Housing payments for residential owners. Section 204 - Housing payments for residential tenants. Section 205 - Relocation assistance and advisory services. Section 206 -Replacement housing MUST be made available, or Housing of Last Resort provided.

Title III - Acquisition Program Requirements

The provisions of Title III of the Uniform Act under Section 305 specifically provide that each State assure that it will, to the greatest extent practicable under State law, be guided by the land acquisition policies in Section 301 and provisions of Section 302. Further, they may mandate that property owners will be paid or reimbursed for necessary expenses as specified in Sections 303 and 304.

Section 301 - Requires that to the greatest extent practicable under the State law: Acquire expeditiously by negotiations. Afford owner opportunity to accompany appraiser. Establish Just Compensation amount. Disregard increase or decrease in value caused by project. Provide written statement of and summary of basis for Just Compensation. Owner retains property until paid fair market value (FMV) or amount deposited in court. At least 90 days occupancy is permitted after acquisition offer made. If continued occupancy as tenant, rent at market rate. Coercion is prohibited. Agency may condemn property, may not force owner to sue to prove taking Agency shall offer to acquire uneconomic remnants. A fully-informed owner may donate property to agency. Section 302 - Agency shall acquire equal interest in land and improvements. Tenants must receive offer for their interest in the FMV of any improvements. Section 303 - Acquiring agency will pay property transfer expenses. Section 304 - If agency cannot acquire property by condemnation, owner must be reimbursed for costs. Section 305 - State agencies that want to receive Federal funds will assure compliance with these regulations.



Page 4 of 26

11.3 PROJECT DEVELOPMENT

The companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/ch3.htm

11.3.1 General

When questions arise in the development stage of Federal-aid projects that may involve property acquisitions and/or clearance activities, the NYSDOT Regional Local Projects Liaison (RLPL) should be promptly notified. In addition, each NYSDOT Regional Office has a Real Estate Right of Way Representative responsible for liaison with each Sponsor whose projects involve property acquisitions and/or clearance activities. Note: Any reference made herein as to contacting Regional Real Estate for guidance should also include the Regional Local Project Liaison (RLPL) as NYSDOT’s designated single point of contact.

11.3.2 Environmental Planning Process

Full and early compliance with National Environmental Policy Act (NEPA) MUST be documented and approved by FHWA to proceed with final design and ROW acquisition phases of the project. All reasonable alternatives to avoid impacts to the environment and communities MUST be given full and objective consideration. Failure to do so will risk FHWA reimbursement. See Chapter 7 and Chapter 8 for Environmental Process & Design Procedures.

Projects in New York State MUST also comply with the State Environmental Quality Review Act (SEQRA). Chapters 7 & 8 address the NEPA and SEQRA requirements.

11.3.3 Public Involvement

Public Information Meetings and/or Public Hearings provide a forum through which citizens have input in the planning process. Article 2 of the NYS Eminent Domain Procedure Law addresses the procedure for public hearings when real property MUST be acquired. (See Chapter 8 of this manual.)

11.3.4 Typical Project Development Cycle

11.3.4.1 Design and General Plans

Once the selection of the preferred alignment is made, a detailed plan for the roadway to be constructed is designed. One of the products of the design process is the general plan (highway boundary plan, etc.). These plans are valuable visual-aid tools for negotiators, appraisers, and attorneys involved in acquisitions because they delineate and document the proposed ROW acquisitions. Additional information regarding project development design can be found in Chapter 8.




Page 5 of 26

11.3.4.2 Qualifications of Sponsors or Consultant Right of Way Personnel

Before commencing any right of way acquisition or clearance activities, the ability and experience of those to perform these tasks will be evaluated by the Regional Real Estate Group to determine the amount of oversight necessary as dictated by Federal Regulations. The following guidelines will be used to determine if a Sponsor’s personnel or consultants are sufficiently qualified to perform each of these right of way activities. Title Searchers – MUST be properly licensed to perform search activities in the project’s county. Attorneys – MUST be properly licensed to practice in NYS. Be experienced with real property title certification, preparing closing papers and deeds, condemnation proceedings, the Uniform Act and Eminent Domain Procedure Law. Appraisers – MUST be properly licensed to appraise the types of property being acquired and meet all USPAP requirements. Experience with “before & after” and condemnation appraising is preferable. Appraisers should submit a detailed résumé indicating education, experience and professional affiliations. Appraisers are to be available for court appearances, if necessary. Samples of prior appraisal reports are to be provided upon request. Those individuals on the NYSDOT appraiser list are considered pre-approved.

Review Appraisers – MUST be NYS licensed certified general appraiser and be able to independently appraise the property they’re reviewing. The review appraiser MUST be thoroughly familiar with legally compensable damages to recommend a value for setting “just compensation”.

Negotiators – MUST have prior experience with negotiating the purchase of property/property rights necessary for project purposes in-lieu-of condemnation. Negotiators MUST be thoroughly familiar with the Uniform Act & Eminent Domain Procedure Law. A detailed résumé indicating experience, relevant education & successfully completed courses, professional affiliations and other pertinent information MUST be submitted. If relocation activities are to be performed, the résumé should reflect the appropriate prior experience. Property Managers – MUST submit a detailed résumé demonstrating prior experience with the maintenance & upkeep of acquired parcels. Managers must also be familiar with the Eminent Domain Procedure Law, the different treatment under the law with regards to collecting rent from residential owner occupants, tenants and commercial owners. And familiarity with the eviction process if it becomes necessary. It is the responsibility of the project Sponsor to compile the résumés of the project personnel and keep for a minimum period of five years in the project file at the agency’s office. They shall be produced upon request & reviewed by the Regional Real Estate Officer/Liaison or FHWA/NYSDOT project compliance reviewer. Once a consultant’s or agency employee’s right of way personal qualifications have been accepted by the Regional Real Estate Group, further review might be unnecessary unless it’s for a different specific right of way task. Experience performing these activities weighs heavily on the amount of NYSDOT oversight needed. Each consultant, once accepted as qualified to perform certain right of way activities by a Regional



Page 6 of 26

Real Estate Group, will be added to a statewide list for acceptance in all regions for those activities.

11.3.5 Right of Way Clearance Certificate

A Right of Way Clearance Certificate MUST be completed for each project even if there are no right of way acquisitions. The certificate states the status of the right of way for the project at the time the certificate is completed. A final certificate attests that all properties to be acquired for the project have been obtained; are in the legal and physical possession of the local acquiring entity; that there are no improvements existing that need to be removed or demolished; and all persons and businesses displaced by the project have been relocated. The certificate includes a statement that the Sponsor has complied with applicable Federal and State requirements, including the Uniform Act and that the project is ready for construction. The certificate describes the status of the right of way for the project. The Responsible Local Official (RLO) identified in the State Local Agreement (SLA) MUST execute the Right of Way Clearance Certificate (Appendix 11.6), which MUST be counter-signed by the Regional Real Estate Officer (RREO). If the RLO needs to delegate this task to another, a written authorization letter MUST be given to the RREO. Note: Only standardized forms in the manner depicted in the Chapter 11 Appendix are to be utilized for the Right of Way Clearance Certificate and the Acquisition and Clearance Report. Non-standardized forms or forms with unauthorized edits will be rejected.

The status of the right of way generally fits one of three (3) scenarios (A, B or C) which can be identified in the ROW Clearance Certificate. They are: A) No right of way (including clearance of the existing right of way) is required for the project. B) All necessary rights of way, including control of access rights have been acquired including legal and physical possession. All payments/deposits are completed. If applicable, “Statement of Donation” forms are attached. There are no improvements existing that need to be removed or demolished and/or all occupants have vacated the land and/or improvements and the sponsor has the physical possession and the right to remove. C) All necessary rights of way, including control of access have not been completed, however, acquisitions are being progressed and all legal and physical possession will be completed prior to advertising for bids. See attached Acquisition and Clearance Status Report. An Acquisitions and Clearance Status Report (Appendix 11.7) is a document prepared and attached to the Clearance Certificate when all right-of-way acquisitions have not been, but shall be, completed prior to project advertisement for construction bids. For additional information on “Project Funding and Authorization”, see Chapter 3.



Page 7 of 26

11.4 ADMINISTRATIVE MATTERS

This companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/ch4.htm In addition to Chapter IV of the Federal guide, see Chapters 3, 4 and 5 of this manual for NYSDOT guidelines regarding administrative matters. A Right of Way Clearance Certificate states the status of properties necessary for the project. Sponsors are encouraged to communicate with NYSDOT staff for questions regarding these matters. Project and individual files MUST document all phases of the procedure (for file checklists, see Appendix 11-1 and 11-2).

11.5 VALUATION This companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/ch5.htm Note: It is imperative that all participants in establishing the “just compensation” for right of way to be acquired have a working knowledge of 49 CFR 24 Sub Part B - Real Property Acquisition. All appraisals MUST begin with the appraiser offering the property owner or designated representative the right to accompany the appraiser on an inspection of the property.

11.5.1 Just Compensation

The United States Constitution and New York State Constitution require that a property owner be paid just compensation when the government acquires private property. The “Uniform Act” requires that an “approved appraisal” be used to develop an amount the agency believes to be just compensation. The amount is to be based on, and not less than, the fair market value of the property, as determined by a professionally prepared, reviewed and approved appraisal.

11.5.2 Appraisal

An appraisal is defined as “a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information”. The definition contains all of the elements an appraisal MUST include to support the use of federal funds.

11.5.3 Appraisal Waiver

Appraisal waivers are NOT ALLOWED for acquisitions requiring compensation and payment since EDPL Section 302 requires an appraisal to be prepared. For further information, see the Federal Guide Chapter VI Acquisition, Donation section. The companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/ch6.htm


Http://www.fhwa.dot.gov/realestate/lpaguide/ch5.htm

Http://www.fhwa.dot.gov/realestate/lpaguide/ch6.htm



Page 8 of 26

11.5.4 Appraisal Techniques

Appraisals and appraisal reports MUST conform to the Uniform Standards of Professional Appraisal Practice. (See Reference page 33)

11.5.4.1 “Minimum Standards” Appraisals

In New York State, the Value Finding Appraisal is the minimum standard. The Value Finding Appraisal format can be used to evaluate real property acquisitions which are uncomplicated in nature and when the total damages are expected to be $15,000* or less. This type of appraisal falls within the FHWA definition of “minimum standards” appraisal.

11.5.4.2 Detailed Appraisals

The Full Appraisal and the Before and After Appraisal are two common self contained appraisals that fall within the FHWA’s definition of “detailed appraisals”.

The Full Appraisal - Used in full property acquisitions by the acquiring agency when compensation exceeds $15,000* and there is no indirect damage. Nothing further is required beyond an appraisal of the whole property with separation of interests where required and analysis of damages. Before and After Appraisal - This type of appraisal should be used in all cases of partial property acquisition by the acquiring agency where direct and indirect damages may exist and the total compensation exceeds $15,000.* *This is the amount of money currently (July of 2008) being used by NYSDOT. This amount is based on a standard used (and periodically adjusted) by the NYS Comptroller. Although not mandated by federal requirements, NYSDOT recommends that two (2) appraisals are to be procured when the appraisal problem is complex or the anticipated, or actual, compensation exceeds $300,000. This is the threshold amount used by NYSDOT, current as of July 2008, as a requirement for two separate appraisals to be prepared for NYSDOT project acquisitions.



Page 9 of 26

11.5.5 Appraisal Qualifications and State Certification

Consultant (contract) appraisers MUST be certified as general appraisers by the NYS Department of State. All appraisers, whether staff members or consultants, should meet the following requirements:

Have successfully completed approved real estate appraisal courses, sponsored by recognized appraisal organizations, covering the type of property to be appraised.

Have appraisal experience in the type of property being appraised. (ref. USPAP Competency Rule)

Have experience in eminent domain valuation with both full and partial acquisitions, when applicable.

Be knowledgeable of and available for appearances in court in the event that the property appraised is entered into condemnation.



Page 10 of 26

11.5.6 Appraisal Scope of Work

All appraisal reports MUST consider and contain an adequate scope of work for each respective appraisal problem. Acquiring agencies contribute to the appraisal process by developing the scope of work necessary depending on the complexity of each appraisal problem. (ref. 49 CFR 24.103)

11.5.7 Appraisal Review

All appraisals MUST be reviewed in accordance with Standard 3 of the Uniform Standards of Professional Appraisal Practice. The requirements for appraisal review are found in 49 CFR 24.104.

Note: Consultant review appraisers MUST be NYS licensed Certified General Appraisers. Thoroughly qualified review appraisers have knowledge of the principles and techniques of appraising, and have an understanding of legally compensable damages. They MUST have the ability to independently appraise the type of properties they review.

11.6 ACQUISITION

The companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/ch6.htm Negotiations should be conducted by a knowledgeable and experienced member of the agency’s or right of way consultant’s staff. While experienced negotiators are extremely rare amongst local agencies (Sponsors), all negotiators are encouraged to consult with Regional Real Estate regarding any procedural question, requirement or unusual circumstance which may arise.

11.6.1 Basic Acquisition Requirements

In addition to the information contained in the “Federal Guide” and its Appendices, this manual, and Appendices 11-1 and 11-2, a written diary of all contacts MUST be maintained.

11.6.2 Appraisal

Each real property owner is entitled to have an appraisal of the acquisition performed regardless of the method of acquisition. The property owners MUST have been offered the opportunity to personally, or have their representative, accompany the appraiser. The offer to accompany MUST be documented in the appraisal report or by copy of the letter retained in the individual file.

11.6.3 Donations

Property owners MUST be informed of their right to receive just compensation. They have an option to waive their right to an appraisal of the property being donated. (See Appendix 11-4)




Page 11 of 26

11.6.4 Functional Replacement

Although Subsection 24 of Section 10 of the New York State Highway Law authorizes the Commissioner of Transportation to use functional replacement with federally funded highway projects, the authority to use functional replacement is NOT extended to Sponsors.

11.6.5 Hardship and Protective Buying

In New York State, the State Environmental Quality Review Act (SEQRA) precludes taking any action in connection with any project until environmental impacts have been reviewed and an environmental determination has been made. Therefore, no property can be acquired until the SEQRA process for the project has been completed and authorization to acquire has been secured.

11.7 RELOCATION ASSISTANCE

The companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/ch7.htm In addition to the Federal requirements outlined in 49 CFR 24 Subparts C, D, and E, New York State’s regulations regarding relocation can be found in Title 17 NYCRR, Part101. Relocation is essential not only to the welfare of those to be displaced but also to the progress of the entire highway project. The relocation program consists of four main components: relocation planning, notices, advisory services, and payments.

11.7.1 Relocation Planning

Under Federal regulations, relocation planning is required and a general outline is provided in 49 CFR 24.205. NYSDOT’s policy for relocation planning is to prepare a written analysis of the project’s relocations when the preliminary design alternatives have been determined and again once the final design is approved. These plans are called the Conceptual Stage Relocation Plan and the Acquisition Stage Relocation Plan. All proposed displacees are personally interviewed prior to preparation of the Acquisition Stage Relocation Plan to determine what their needs are early in the process. Each of these plans is formatted as follows: 1) Title Page (includes all of the project identification information) 2) Introduction (purpose of plan) 3) Description of the project 4) Description of the area

5) Relocation Analysis (description of the properties to be acquired and any potential relocation problems) 6) Relocation Assistance & Services (a list of assurances that the Federal regulations will be adhered to)

7) Conclusion (includes relocation time projection) 8) Maps, charts of relocation needs matched with available replacement properties currently for sale and/or rent, a list of sources used to compile the information contained in the plan and a list of local agencies/ organizations which may provide assistance.




Page 12 of 26

This is a suggested way to address the planning requirements. All of the above need to be included in both documents, but the order and form are at the discretion of the Sponsor.

11.7.2 Notices

Copies of sample notices used by NYSDOT may be obtained by contacting Regional Real Estate.

11.7.3 Relocation Assistance Payments

The Sponsor should assign a relocation advisor to each person to be displaced. The advisor works closely with each displacee in order to assure that all payments and benefits are fully utilized, and that all regulations are observed, thereby avoiding the possibility of displacees jeopardizing or forfeiting any of their benefits or payments. It is strongly recommended to extend all offers of relocation benefits to displacees in person in order to help the displacee better understand the relocation process and the benefits available to them.

11.7.4 Residential Displacements

11.7.4.1 Moving and related expenses

As of June 15, 2005, the New York State Federal project room count schedule for residential occupants that move themselves rather than using a professional moving company is:

Unfurnished Units:

1 room 2 rooms 3 rooms Each Add’l Room

$550 $700 $850 $150

Furnished units (occupant does not have furniture), sleeping rooms:

1 room Each Add’l. Room

$350 $100

These rates are subject to change and should be verified using the website noted in the “Federal Guide”.

11.7.4.2 Replacement housing payment

The Federal regulations (49 CFR 24.401 & 402) MUST be followed for determining replacement housing payments (the difference, if any, between the actual acquisition price or rent of a comparable dwelling and the acquisition or rent of the dwelling from which the occupant is being displaced). Examples of computations of price differentials may be found in FHWA’s Office of



Page 13 of 26

Real Estate Services - Project Guide, Chapter 10, which is available on their website. Copies of sample replacement housing payment determinations used by NYSDOT may be obtained by contacting the Regional Real Estate Office.

11.7.4.3 Mobile Homes

As recommended in the “Federal Guide”, NYSDOT suggests that you contact the Regional Real Estate Office for further guidance if a project includes the displacement of mobile homes.

11.8 PROPERTY MANAGEMENT

The companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/ch8.htm There is often an interim period between acquisition of property and construction. Acquired land and accompanying improvements are valuable improvements and valuable resources which MUST be protected and often can be productive during this interim period. Property management is the administration of acquired land and improvements this includes the subterranean, at grade and overhead rights. The right to use this area by either public entities or private parties for interim non-highway uses may be granted through the issuance of permits/leases. These permitted/leased non-highway uses CANNOT interfere with the construction, operation or maintenance of the facility or any anticipated future transportation need. Pre-construction property management activities include maintenance and protection of the right-of-way, permitting or leasing of acquired property, clearance of improvements for a project and a property inventory. The property inventory should include a record of all real property and improvements acquired for the project. New York Eminent Domain Procedures Law, Section 305 regulates the use and occupancy of property acquired.

11.8.1 Interim Permitting/Leasing

If the acquired parcel is not needed immediately for construction, it may be advantageous to enter into a permit or lease. The issuance of a permit/lease generally requires that a fair and reasonable fee which is usually based on a fair market value be paid by the permittee/lesee. Any and all fees/rents which are collected from such permits/leases MUST be placed in a dedicated account. This account is subject to audit and MUST reflect any appropriate credit(s) which maybe owed to either the State and/or Federal government. In addition to the information in the Federal Guide, see EDPL, Section 305 which defines the amount and timing of rent required in New York State.




Page 14 of 26

11.8.2 Post-Closeout Functions

Post construction permits/leases may be issued for the use of excess right of way but only if the proposed use does not interfere with the operation and/or maintenance of the facility or there is no immediate or anticipated transportation use for the parcel in question. The issuance of post construction permits/leases generally require that a fair and reasonable fee be charged for such permits/leases. The fair and reasonable fee to be charged is usually based on a determination of a fair market value.

The New York State Environmental Quality Review Act MUST be complied with prior to the disposal of excess property, relinquishment of access control, and/or permit/lease of real property.

Any and all such fees/rents which are collected from post construction disposal of excess property, relinquishment of access control and/or permits/leases shall be placed in a dedicated account. The dedicated account is subject to audit and must reflect any appropriate credit(s) which may be due to either the State and/or Federal government.

11.8.3 Questions

Any questions pertaining to Property Management should be directed through the RLPL to the Regional Real Estate Group.

PREPARED BY Revised April 2009 NYSDOT


Page 15 of 26

ACQUISITION OF REAL PROPERTY

BY LOCAL AGENCIES FOR

FEDERAL AID HIGHWAY PROJECTS

Project

Scoping

Title

InvestigationAppraisal

Environmental

Impacts /

Public

Involvement

Relocation

Planning

Appraisal

Review

RIGHT OF WAY INCIDENTAL PHASE

RIGHT OF WAY ACQUISITION PHASE

CONSTRUCTION PHASE

Make Offers

and NegotiateSettlement

Right of Way

Clearance

Certificate

Close on

Purchases

Payment

Before

Possession

Property

Management

Property

Management

Post-

Construction

Terminate

Temporary

Easements

Pro Rata Tax

Payments

CondemnationRelocation

ProcessCourt Process

1 2 3 4

7 9A 10A

11

10B9B8

14 15 16

12 13

5 6

Project

Closeout

17



Page 16 of 26

11.9 GUIDELINES FOR ACQUISITION OF REAL PROPERTY BY LOCAL AGENCIES FOR FEDERAL-AID HIGHWAY PROJECTS

The flowchart on the preceding page illustrates the general sequencing of real property acquisition activities and events for locally administered Federal-aid projects. Some of the procedures can be done concurrently. Along with each activity and event, there are links to the chapter, law or regulation Sponsors should refer to for detailed information. The right of way activities are placed in the appropriate Federal Funding phase: Incidental, Acquisition or Construction.

11.9.1 Right of Way Incidental Phase

The companion website is accessible at http://www.fhwa.dot.gov/realestate/lpaguide/ch3.htm (ROW Incidental Authorization usually comes with the Preliminary Engineering stage.) 1. Project Scoping

When questions arise in the development stage that involves acquisitions and/or clearance activities, the NYSDOT Regional Local Projects Liaison should be promptly notified. In addition, each NYSDOT Regional Office has a Real Estate Right of Way representative for liaison with each Sponsor whose projects involve property acquisitions. For more details, see Chapter 8, Section 8.5, and “Project Scoping Stage” and Eminent Domain Procedure Law (EDPL), Chapter 73, Sections 201 - 207. Upon receipt of map showing preliminary take lines, a preliminary right of way cost estimate is prepared. (Appendix 11-8)

2. Title Investigation

Order title data to determine ownership of property to be acquired. Sponsors need to be assured that the titles of the acquired properties are free from liens and encumbrances. Appropriate legal officer or attorney will advise and certify the names of the property owners and identify other possible interests in property being acquired. The certifying attorney will determine the depth of title search required for each property. (EDPL, Article 4, Section 403)

3. Environmental Impacts and Public Involvement (see Chapters 7 and 8)

Environmental issues are identified and evaluated to determine the impacts of a project in accordance with the National Environmental Policy Act (NEPA) and State Environmental Quality Review Act (SEQRA). Sponsor is responsible for compliance with both SEQRA and NEPA which must be documented and approved to proceed with final design, right of way acquisition, or construction phases of a project. Public Involvement - Public Information Meeting(s) and/or Public Hearing(s) provide a forum through which citizens have input in the planning process. NYS EDPL, Article 2, addresses the need for public involvement when real property must be acquired.




Page 17 of 26

4. Relocation Planning - If displacement of an owner or tenant from any residential dwelling or from any commercial building is necessary, the provisions of Title II of the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, as amended (Uniform Act), apply. A Conceptual Stage Relocation Plan is needed. The companion website is accessible at:

http://www.fhwa.dot.gov/legsregs/directives/cfr49toc.htm

5. Appraisal - Prior to the start of negotiations there must be: a) an appraisal by a qualified appraiser (unless property donated and the appraisal waived); b) a review of the appraisal by a qualified NYS licensed Certified General Appraiser, and c) a determination of just compensation by the agency. (EDPL Sections 301 & 302) 49 CFR §24.102 The companion website is accessible at: http://www.fhwa.dot.gov/legsregs/directives/fapg/4924bsp2.htm

6. Appraisal Review - The Sponsor shall have an appraisal review process and:

1) A qualified review appraiser 2) A review appraiser that may present and analyze market information to support a recommended value if unable to recommend an appraisal; and 3) The review appraiser shall prepare a written report that identifies the appraisal reviewed and document the findings and conclusions arrived at. (49 CFR §24.104) The companion website is accessible at: http://www.fhwa.dot.gov/legsregs/directives/fapg/4924b104.htm

The acquiring agency is responsible for valuation approval and establishing “Just Compensation”. This function can not be delegated to a consultant. (EDPL Chapter 73, Art.5 “Procedure for Determining Just Compensation”)

11.9.2 Right of Way Acquisition Phase The companion website is accessible at: http://www.fhwa.dot.gov/realestate/lpaguide/ch6.htm (Right of Way Acquisition Authorization comes after Design Approval and approval of the Acquisition Stage Relocation Plan if relocations are necessary.) 7. Make Offers / Negotiate (EDPL, Chapter 73 Sections 301 - 305)

Prior to acquisition by eminent domain, the acquiring agency shall make every reasonable and expeditious effort to justly compensate property owners by negotiation and agreement. The full amount of approved just compensation must be offered at the first negotiating session. Property may be donated provided the owner signs an appropriate waiver stating that they have been advised of their rights to receive just compensation and to have the property appraised by a qualified appraiser. (See the “Statement of Donation” in Appendix 11-4.) Note: When the just compensation exceeds $10,000, it is a conflict of interest for the appraiser or review appraiser to act as the negotiator for the acquiring agency. 49 CFR §24.102(n)(3) Information describing the process (booklet or brochure) should be available for distribution to affected property owners. The NYSDOT brochure is specific to the appropriation process and should only be used when NYSDOT has agreed to perform the acquisitions. (Samples

http://www.fhwa.dot.gov/legsregs/directives/cfr49toc.htm

http://www.fhwa.dot.gov/legsregs/directives/fapg/4924bsp2.htm

http://www.fhwa.dot.gov/legsregs/directives/fapg/4924b104.htm




Page 18 of 26

of brochures are available from FHWA’s website http://www.fhwa.dot.gov/realestate/index.htm or Appendix 11-3.)

If an owner is left with an uneconomic remainder, the agency must offer to purchase it. If contamination is suspected or found on the uneconomic remainder, consult the RLPL for the proper course of action.

8. Relocation Process

No person lawfully occupying real property shall be required to move from a dwelling or to move their business or farm operation without at least 90 days written notice of the date by which the move is required.

9.

a. Settlement The Uniform Act requires that every reasonable effort be made to acquire real property expeditiously, by agreements with owners. Agreements avoid litigation and relieve congestion in the courts. b. Condemnation If unable to reach agreement, sponsor starts condemnation proceedings. Condemnation is the legal proceeding by which the power of eminent domain is exercised by most sponsors in New York State. See EDPL Articles 4 and 5, Section B for procedure to be followed for condemnation.

10.

a. Close on Purchases Pay just compensation and reimburse property owners for expenses incidental to transfer of property. b. Court Process

EDPL, Article 5, Section 501-513 provides the procedure.

11. Payment Before Possession Owners are required to be paid or their monies deposited with the court prior to surrendering possession of their property, except when the owner is donating their property. (Appendix 11-4, Statement of Donation) Note: A Right of Entry is not a substitute for acquiring property needed for project purposes. It is a means to permit entry onto property for surveys, test pits and borings, or other investigations prior to the acquisition of the necessary property rights. (EDPL, Article 4, § 404)

12. Right of Way Clearance Certificate The ROW Clearance Certificate must be signed by the identified “Responsible Local Official” and countersigned by the Regional Real Estate Officer. If the RLO needs to delegate this task to another, a written authorization letter must be given to the RREO. All necessary right-of-way must have been acquired, including legal and physical possession, prior to advertisement for bids. (Appendix 11-6)

http://www.fhwa.dot.gov/realestate/index.htm



Page 19 of 26

An Acquisition and Clearance Status Report is prepared and attached to the Right of Way Clearance Certificate when all rights of way have not been, but will be, completed prior to advertisement for construction bids.

(Appendix 11-7 Acquisition and Clearance Status Report)

13. Property Management Pre-Construction Pre-construction property management of real property acquired for highway or highway related project entails a variety of responsibilities including rental and clearance of improvements for a project and a property inventory. The property inventory should include a record of all real property and improvements acquired for the project. The companion website is accessible at: http://www.fhwa.dot.gov/realestate/lpaguide/ch8.htm

11.9.3 Construction Phase 14. Property Management Post-Construction

When construction is complete, project’s final “as-built” plans are reviewed for encroachments to be cleared from the right of way & any potentially surplus property identified. (23 CFR §710.201 (f))

The companion website is accessible at: http://www.fhwa.dot.gov/realestate/pdg15.htm 15. Terminate Filed Temporary Easements (TE)

When the purpose of any TE filed in a County Clerk’s Office has been accomplished and is no longer necessary, the easement should be extinguished. In the case of local agencies having filed the TE, the easement will expire after the term indicated in the easement language has passed. TEs acquired by NYSDOT on behalf of a local agency must be terminated by NYSDOT.

16. Pro Rata Tax Payments Although not a requirement for right of way clearance purposes, EDPL § 702 requires the reimbursement of real property and other taxes paid by the condemnee on property or property rights acquired by the local agency allocable to the period subsequent to the date of vesting title or the effective date of possession, whichever is earlier. These payments are made on fee and permanent easement acquisitions. Consult the Regional Real Estate Officer for questions of applicability or computing the payment.

17. Project Closeout

The records pertaining to project acquisition and relocation costs are retained for minimum of 3 years. The retention period starts when the final voucher is submitted. If any litigation, claim or audits are started within the 3 year period, the records involved are to be maintained until the issue is resolved. The companion website is accessible at: http://www.fhwa.dot.gov/realestate/pdg15.htm


http://www.fhwa.dot.gov/realestate/pdg15.htm

Http://www.fhwa.dot.gov/realestate/pdg15.htm



Page 20 of 26

11.10 GLOSSARY The companion website is accessible at: http://www.fhwa.dot.gov/realestate/lpaguide/glossary.htm

Access Rights - The right of ingress and/or egress to and from a property which abuts on an existing street or highway. Access rights cannot be denied or unreasonably be restricted unless other access is available. If it is not, compensation is paid for this restriction of access.

Advance Acquisition - The New York State Environmental Quality Review Act (SEQRA) prohibits advance acquisitions prior to completion of the environmental review process. Therefore, Advance Acquisitions are not permitted in New York State.

Bundle of Rights - Ownership of real property includes a great many rights, such as the right of occupancy and use, the right to sell it in whole or in part, the right to bequeath, the right of transfer by contract for a specific period of time. It is also referred to as the benefits to be derived by the occupancy and use of the real estate.

Conservation Easement - A restriction that limits the future use of a property to preservation, conservation, or wildlife habitat.

Dedication - Pursuant to the “police power” of government, this involves the setting aside of property for public use without compensation as a condition precedent to the granting of a permit, license, or zoning variance by a sponsor. The property owner must initiate contact with the sponsor for a request to develop before the sponsor can proceed with dedication requirements. Donation - The voluntary conveyance of real property without compensation which may be utilized for an improvement project. Donations of future right of way can only be accepted if the offer to donate is done voluntarily by the property owner who is advised of the right to receive an appraisal and receive an offer of just compensation but signs a written waiver of the right to be compensated. Right of way that is donated must also receive an environmental clearance even if no other right of way or rights in real property are required for the project.

Easement - A non-possessory property interest that one party has in land owned by another, entitling the holder of the interest to limited use or enjoyment of the other’s land.

Easements in Gross - An easement that is not attached or appurtenant to any particular estate; does not run with the land nor is it transferred through the conveyance of title.

Eminent Domain - The inherent power reserved by government to acquire private property rights by due process of law when the necessity arises. When exercising this right, two basic requirements must be met; the use must be public, and just compensation must be paid to the owner prior to taking possession of the property.

http://www.fhwa.dot.gov/realestate/lpaguide/glossary.htm

http://www.fhwa.dot.gov/realestate/lpaguide/glossary.htm



Page 21 of 26

Environmental Mitigation - The act of lessening the damages to the surrounding area and its inhabitants which are attributable to the proposed project. These damages can be lessened by acquiring alternate sites to replace wildlife habitat or wetlands, or by building sound walls for noise attenuation.

Fair Market Value (FMV) - For the purposes of evaluating land and improvements taken under the power of eminent domain, “is the amount of money which, as of the date of valuation, an informed and knowledgeable purchaser willing, but not obligated to buy property, would pay to an informed and knowledgeable owner willing, but not obligated, to sell it”.

Fee Simple - an absolute ownership without limitations or restrictions but subject to the inherent powers of government, i.e., eminent domain, escheat, police power and taxation. Hardship - A situation where unusual personal circumstances not shared by others (e.g., financial or health) accrue to an owner of a property aggravated or perpetuated by the pending project and can only be resolved by early acquisition of the property by the sponsor. Note: See Advance Acquisition.

Hazardous Materials/Waste - A material is hazardous if it poses a threat to human health or the environment. The term “hazardous waste” is applicable to storage, deposit, contamination, etc., involving a hazardous material which has escaped or has been abandoned. It can be defined in general terms as any of the following:

Flammable;

Reactive (subject to spontaneous explosion of fire) substances;

Corrosive; and

Toxic.

Regulations require all toxic substances be removed in accordance with local laws prior to a public project proceeding to construction.

Highway Easement - A right or rights granted or taken for the construction, maintenance and operation of a highway which does not transfer fee title.

Indirect Damages - The loss in the value of the remainder in a partial acquisition of a property.

Inverse Condemnation - The legal process initiated by a property owner to claim compensation for the taking of, or damages to, his property as a result of a public project.

Just Compensation - In condemnation, the amount of the loss for which a property owner has established a claim for compensation. The measure of Just Compensation is Fair Market Value (see above, Fair Market Value).

Negotiation - The process of communication whereby an agreement is reached for the voluntary transfer of ownership at terms mutually acceptable to all parties of interest.



Page 22 of 26

Partial Acquisition - The taking of only a part of a property for public use under the power of eminent domain, and for which just compensation must be paid, not only for the part taken, but also taking into account the value of any allowable damages and/or benefits to any remaining property. Permit to Enter and/or Construction Permit - Used when temporary rights are needed to perform work solely for the owner’s benefit. These documents provide no permanent rights to the acquiring agency (and the rights would not be condemned). Permits to Enter would also be used to collect data for hazardous waste or soil analysis and for environmental evaluation. It is possible to make payment for a Permit to Enter when appropriate.

Preservation Easement - A restriction that prohibits certain physical changes in an historic property, usually based on the property’s condition at the time of acquisition of the easement or immediately after proposed restoration of the property.

Protective Buying - A situation where substantial building activity or appreciation of vacant land value is likely to occur and early acquisition by the sponsor is needed to prevent development of the site and avoid higher acquisition, relocation or construction costs in the future. Note: See Advance Acquisition.

Real Estate - Refers to the physical land and appurtenances including structures affixed thereto.

Relocation Assistance - The process by which a government sponsor meets the legal requirements for providing relocation services, moving cost payments, and increased costs to find and acquire replacement property, for all eligible individuals, families, and business displaced by a project. (This is not to be confused with relocation of utilities.)

Remainder - Property remaining in possession of the owner after a partial acquisition in eminent domain. Right of Entry - Prior to acquisition. (EDPL, Article 4, § 404) The condemnor, its officers, agents or contractors when acquiring real property in accordance with this law, or when engaged in work connected with a proposed public project, as described in this law, shall have the right to enter upon any real property for the purpose of making surveys, test pits and borings, or other investigations, and also for temporary occupancy during construction. At a reasonable time prior to such entry, the condemnor shall deliver notice personally or by first class mail, to the property owner stating the necessity for the entry. The condemnor shall be liable to the owner for any damages caused by the condemnor as a result of the entry; but such damages shall not entail duplicate payment of damages to be compensated for by the condemnor pursuant to article three of this law. Entry damages, if any, shall not be deemed an acquisition.

Right of Way Certificates - A written statement summarizing the status of all right of way related matters with respect to a proposed construction project. This is a standardized form provided by NYSDOT in the Chapter 11 Appendix LP11-6.



Page 23 of 26

Slope, Drainage or Utility Easement - Easements for these purposes, covering areas which will either remain permanently under the acquiring sponsor control, or be relinquished, or conveyed to a utility owner by agreement.

Temporary Easement - An easement covering an area which is required for a limited period. On a specific date, all of the acquiring sponsor’s interest in the area is terminated. An example is a Temporary (Construction) Easement which is used when the sponsor must enter a property for temporary use during construction of the project. There must be a specified time period for which the temporary right exists which is sufficient to allow for delays in advertisement of the project and for the anticipated construction order of work.

Uneconomic Remnant - A remainder of land that has little or no value or utility to the owner as determined by the sponsor.



Page 24 of 26

11.11 REFERENCES The following is a list of documents referenced in this chapter.

Federal Guides, Regulations and Policies:

Real Estate Acquisition Guide for Sponsors http://www.fhwa.dot.gov/realestate/lpaguide/index.htm 23 Code of Federal Regulations (CFR) 710.201 Http://www.fhwa.dot.gov/hep/23cfr710.htm 49 Code of Federal Regulations (CFR) 24, Subparts C, D and E http://www.fhwa.dot.gov/legsregs/directives/cfr49toc.htm

Uniform Relocation Assistance & Land Acquisition Policies Act of 1970, as Amended http://www.fhwa.dot.gov/realestate/ua.htm Federal Highway Administration - Project Development Guide (PDG) http://www.fhwa.dot.gov/realestate/pdg.htm PDG Chapter 10, Relocation Assistance http://www.fhwa.dot.gov/realestate/pdg10.htm National Environmental Policy Act (NEPA) http://ceq.eh.doe.gov/nepa/regs/nepa/nepaeqia.htm

http://www.fhwa.dot.gov/realestate/lpaguide/index.htm

Http://www.fhwa.dot.gov/hep/23cfr710.htm

Http://www.fhwa.dot.gov/legsregs/directives/cfr49toc.htm

Http://www.fhwa.dot.gov/realestate/ua.htm

Http://www.fhwa.dot.gov/realestate/pdg.htm

http://www.fhwa.dot.gov/realestate/pdg10.htm

Http://ceq.eh.doe.gov/nepa/regs/nepa/nepaeqia.htm



Page 25 of 26

11.12 NYS Laws and Regulations

Highway Law Transportation Law

Eminent Domain Procedures Law (EDPL) EDPL, Article 2 EDPL, Article 3 EDPL, Article 4 State Environmental Quality Review Act (SEQRA) Title 17 NYCRR, Part 101 Title 17 NYCRR Part 15 These are available at the following website: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS Federal Brochures: Appraisal Guide http://www.fhwa.dot.gov/realestate/apprgd.htm Your Rights and Benefits as a Displaced Person http://www.fhwa.dot.gov/realestate/rights/index.htm Acquiring Real Property For Federal Aid Programs & Projects http://www.fhwa.dot.gov/realestate/realprop/index.html Other: Uniform Standards of Professional Appraisal Practice http://www.appraisalfoundation.org/html/uspap2002/toc.htm

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

http://www.fhwa.dot.gov/realestate/apprgd.htm

http://www.fhwa.dot.gov/realestate/relrght.htm

http://www.fhwa.dot.gov/realestate/realprop/index.html

Http://www.appraisalfoundation.org/html/uspap2002/toc.htm