Presented by: RIGHT OF WAY SERVICES

Putting it all together

OUTLINE

Introduction

Purpose

Federal & State Laws

Project Process and Timeline

NEPA Requirements

Right of Way Plans

Title

OUTLINE CONTINUED

Survey

Appraisal

Acquisition / Negotiations

Relocation

CDOT and Local Public Agency

INTRODUCTION

This presentation is an overview of the CDOT Right of Way process. It provides general guidance in phases of acquiring right of way from the beginning of the process through project certification.

PURPOSE

The CDOT Right of Way (ROW) program is responsible for providing oversight on all federal participating (FHWA) projects in compliance with the Uniform Relocation Act.

PUTTING IT ALL TOGETHER

PURPOSE OF URA

FEDERAL & STATE LAWS

NEPA REQUIREMENTS

RIGHT‐OF‐WAY PLANS

TITLE & SURVEY

APPRAISAL

NEGOTIATIONS

LOCAL PUBLIC AGENCIESRELOCATION

PURPOSE OF THE UNIFORM RELOCATION ACT (URA)

The purpose of the URA is to:

• Provide fair, equitable and consistent treatment of individuals, families, businesses, farms and non-profit organizations

• Encourage acquisition by agreement

• Be efficient in acquiring real estate and relocation of displacees

PURPOSE OF URA

FEDERAL & STATE LAWS

FEDERAL• Uniform Relocation

Assistance and Real Property Policies Act of 1970, as amended

• 42 United States Code §4601 et seq.

• Regulations Promulgated to the Uniform Relocation Assistance and Real Property

• Acquisition Policies Act of 1970, as amended

• 49 Code of Federal Regulations, Part 24

STATE• Section 15 of the

Constitution of the State of Colorado

• The Colorado Relocation Assistance and Land Acquisition Policies Act §24-56-101, et seq., Colorado Revised Statues

FEDERAL & STATE LAWS

ADDITIONAL POLICIES AND PROCEDURES

MUST BE FOLLOWED

• Colorado Department of Transportation Right of Way Manual

• Colorado Department of Transportation Survey Manual

REFERENCE MATERIAL

• FHWA Project Development Guide

PROJECT PROCESS AND TIMELINE

• National Environmental Policy Act (NEPA) Requirements• Survey• Right of Way (ROW) Plans• Appraisal Requirements• Negotiation• Relocation• Every Day Counts (EDC) Initiative• Project Certification

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NEPA REQUIREMENTS

The National Environmental Policy Act (NEPA) requiresall Federal agencies to:

• Assess the environmental impacts• Consider the impacts in making project decisions• Disclose impacts to the public

NEPA REQUIREMENTS

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NEPA CLEARANCE IS REQUIRED PRIOR TO:

• Approval of Right of Ways Plans

• Issuance of Fair Market Value

• Beginning Acquisition/Negotiations or a Relocation

RIGHT OF WAY PLANS

ROW Plans are a prerequisite to Federal participation in the acquisition of real property.

RIGHT‐OF‐WAY PLANS

ROW Plans are prepared by both internal CDOT personnel and external consultants.

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The purpose of the Right of Way Plans are to:

• Present Physical Survey Information

• Illustrate Boundary of Affected Ownerships and property to be acquired

• Define New Right of Way Line

RIGHT OF WAY PLANS CONTINUED

LOCAL PUBLIC AGENCY (LPA) / RIGHT OF WAY PLANS

• Right of Way Plan approval must be given by the CDOT Project Development Branch Manager (Federal Funds)

• Right of Way Plan approval shall be by CDOT Region office (100%) State funding

• Projects on local roads with 100% local funding do not require CDOT oversight.

• Property purchased by CDOT or Local Public Agencies must be free and clear of all encumbrances.

• Title Commitments or Memorandum of Ownership are used to identify ownership and encumbrances.

TITLETITLE & SURVEY

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SURVEY

Surveyors are usually the first representatives to have contact with affected property owners. The impressions they leave reflect on the right of way activities that follow.

• Surveys shall be prepared in accordance with the survey procedures outlined in CDOT’s Survey Manual and in accordance with the laws of the State of Colorado

• Surveys are prepared before design

The Survey must:

• Defined Existing Condition• Determine Boundary of Affected Ownerships• Establish Monumentation to Assist Construction

Survey

SURVEY CONTINUED

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SURVEY CONTINUED

Two surveys are required on properties being impacted by a project:

1. Preliminary Survey to identify all properties within the project alignment

2. Construction Survey to identify and define the actual impact to each property.

RIGHT OF WAY TEAM

Appraisers, review appraisers, negotiators and relocation agents all form a team with which the property owner will interact.

Appraisers and review appraisers are an integral part of the land acquisition team.

APPRAISAL

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APPRAISAL REQUIREMENTS

The Uniform Act requires the following:• Before an offer can be made to purchase a

property, the Agency must determine fair market value and establish just compensation.

• Appraisals are required for acquisitions with estimated value of $25,000 or more.

• Waiver valuations/Value findings can be prepared for acquisitions up to $25,000 with the approval of the CDOT Region Right of Way Manager.

APPRAISAL REQUIREMENTS CONTINUED

• All appraisals must be reviewed and approved by a second qualified, review appraiser

• Review appraiser recommends fair market value compensation based on appraisal of the subjects property and part being acquired

• The Region Right of Way Manager approves just compensation

Note: CDOT review appraiser must be CDOT staff oron the CDOT pre-qualified list

LOCAL PUBLIC AGENCY (LPA) / APPRAISER REQUIREMENTS

• Appraiser must be licensed by the State Board of Real Estate as a general appraiser and on CDOT’s pre-qualified list

• LPA’s may recommend an appraiser to be on the CDOT pre-qualified list

• Appraisers can apply to get on the CDOT pre-qualified list individually

ACQUISITION / NEGOTIATIONSNEGOTIATIONS

The agent negotiators are key to the agency’s reputation with the property owners.  They represent the face and image of CDOT.

ACQUISITION / NEGOTIATIONS REQUIREMENTS

• Personal contact with property owners• Offer presented in person when possible• Offer must be in writing• Provide opportunity to consider offer (min 30 days)• No coercion• 90 day written notice to vacate• Payment before possession

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NEGOTIATION OPTIONS

Includes:

• Agreement at approved fair market value

• Administrative Settlements

• Condemnation

• Legal Settlement

LOCAL PUBLIC AGENCY (LPA) CONDEMNATION

• LPA’s must be willing to condemn

• Obtain authority to condemn as early in the process as possible

• Condemnation is used as a last resort to acquire the needed right of way

ALTERNATIVE MEANS OF PROPERTY ACQUISITION

• Donation

• Donation in Exchange for Construction Features

• Dedication

• Functional Replacement

LOCAL PUBLIC AGENCY (LPA) ACQUISITION / NEGOTIATOR

• Must use real estate specialists on CDOT’s pre-qualified agent list

• LPA’s can apply for consultant or staff real estate specialists to be on the pre-qualified agent list

• Experience necessary include:– Work on eminent domain projects– Acquisition of real property on Eminent domain

projects– Relocation of individuals, families, businesses,

farms and non-profit organizations on eminent projects.

NEGOTIATION AND RELOCATION CONTACT RECORDS

• One of the most important functions of negotiators and relocations agents is to keep an accurate and up to date account of contacts with the owner and/or displacees

• Each contact should be typed or written in a permanent form such as ink

NEGOTIATION AND RELOCATION CONTACTRECORDS CONTINUED

• Each entry should include:

– Date of contact

– Time of contact

– Type of contact

– Persons participating

– Issues discussed

– Any resolutions made

RELOCATION

49 CFR Part 24.2(9) Displaced person. (i) General.

“Any person who moves from real property or moves his or her personal property from the real property”.

RELOCATION

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DISPLACED PERSONS INCLUDE:

RELOCATION CONTINUED

Relocation activities can be a lengthy process. Each relocation is different and some may be complicated.

Relocation agents have a difficult job working with displacees who wish to remain where they are. It takes special skills to be successful as a relocation agent.

RELOCATION ASSISTANCE

• Relocation Planning• Notices – 90 Day• Advisory Services• Relocation Assistance Payments• Residential Displacements• Replacement Housing Standards• Mobile Homes• Business Displacements

TYPICAL RELOCATION PROCESS UNDER THE UNIFORM ACT *

1 – PlanProject

2 – ProjectApproved

3 – Inform PersonsTo Be Displaced

4 – InterviewPerson to beDisplaced

5 – Work withPerson to beDisplaced

6 – Person choosesReplacement property

And moves 

7‐ Process ClaimsAnd Make Payment

8 – Follow‐up

* URA Rules 4/2/89

RESIDENTIAL RELOCATION PAYMENT COMPUTATION

Replacement Housing Payments(owners 180 days or more)

• Price Differential Payment• Mortgage Interest Differential Payment• Incidental expenses

Total not to exceed: $22,500

RENTAL SUPPLEMENT - TENANT

Tenants 90 days or more

Rental supplement or, Down payment and Incidental expenses

Total not to exceed: $5,250 for 42 months or down payment up to the rental amount or $5,250

REQUIREMENTS FOR PAYMENTS

1. Must have owned/rented acquired unit 180 days (owner) or 90 days (tenant) prior to the “initiation of negotiations”

2. Must purchase/rent a Decent Safe and Sanitary replacement within 12 months

3. Must complete forms and file claims within 18 months

HOUSING OF LAST RESORT

When a program or project cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary limits for owners or tenants, on a case by case basis housing of last resort can be used as specified in 49 CFR 24.401 or 24.402.

RESIDENTIAL MOVING PAYMENTS

Expenses must be Reasonable and Necessary. Residential move options include:

• Actual Cost (based on the lower of two estimates)or

• Fixed Move (based on the Uniform Relocation Act Residential Moving Cost Schedule)

NON-RESIDENTIAL MOVING PAYMENTS

• Actual Cost

• Site search

• Reestablishment (when applicable) or

• In Lieu-of Payment

APPEAL

Any affected person may file a written appeal with the acquiring agency in any case in which he/she believes the agency has failed to properly determine eligibility for or the amount of a relocation payment.

EVERY DAY COUNTS

Every Day Counts (EDC) is a 2010 Federal Highway Administration (FHWA) effort designed to identify and deploy innovation aimed at shortening project delivery.

THE 2010 EDC PROGRAM INCLUDES SIX RIGHT OF WAY FLEXIBILITIES:

1. Functional Replacement

2. Incentive Payments

3. Appraiser-Negotiator/Conflict of Interest

4. Waiver Valuations

5. Conditional Clearances

6. Right of Entry onto Federal Lands

QUALIFYING LOCAL PUBLIC AGENCY STAFF

• LPA staff can perform appraisal/waiver valuations, acquisition/negotiations and relocation if they satisfy the criteria for CDOT’s pre-qualified list for the discipline

• Contact the Region ROW Manager to start the qualification process

• Appropriate application must be complete for the staff seeking qualification

LOCAL PUBLIC AGENCIES

• CDOT will evaluate all applications for qualification• At least one permanent, fulltime LPA staff member

must be deemed qualified to perform acquisition agent tasks for an LPA to become qualified to perform its own ROW acquisition work.

• An additional LPA staff member must be qualified to perform relocation agent work if the LPA project requires relocation.

• An LPA may have their own qualified staff member perform the acquisition tasks, and hire a fee agent or coordinate with CDOT ROW staff (if available) to perform relocation work

QUALIFYING LOCAL PUBLIC AGENCY STAFF CONTINUED

PURPOSE OF URA

FEDERAL & STATE LAWS

NEPA REQUIREMENTS

RIGHT‐OF‐WAY PLANS

TITLE & SURVEY APPRAISAL

NEGOTIATIONSRELOCATION

LOCAL PUBLIC AGENCIES

BRINGING IT ALL TOGETHER

THE CDOT RIGHT OF WAY PROCESS

PURPOSE OF URA

FEDERAL & STATE LAWS

NEPAREQUIREMENTS

RIGHT‐OF‐WAY PLANS TITLE & SURVEY APPRAISAL

NEGOTIATIONS RELOCATIONLOCAL PUBLIC AGENCIES