The Right Things to Know about Right- of-Way April 8, 2016 Tammy M. Keeley Realty Officer FHWA – AL Divisi on

Basic Overview has the responsibility? Who are the basic laws & regulations? What to use them and why follow them. When not to put federal funds at risk. How

Responsibilities? Provides guidance to ALDOT ROW activities of LPAs. FHWA approves State procedures Approve the procedural manuals. FHWA reviews and evaluates ALDOT’s oversight of LPAs. Federal Make decisions for the State, and consistent with State laws, to carry out Federal laws Reviews and surveillance responsibility over LPAs in accordance with FHWA requirements and State approved procedures ALDOT Compliance with legal requirements of State and Federal laws & regulations on federally funded projects. Locals

Federal Regulations Program 23 CFR Part 710 – ROW Administration General, Applicability & Definitions Program Administration Project Development Real Property Management Property Acquisition Alternations Federal Assistance Program Concession Agreements Project 49 CFR Part 24 Uniform Act General Purpose Acquisitions RelocationMoving Payment Replacement Housing Payment Mobile Homes Certification

(a). Each State DOT shall be adequately staffed, equipped, and organized (b). The State DOT is responsible for the acquisition, management, and disposals (c). The State DOT must have operating procedures (Manual) (d). The State DOT is responsible for complying with FHWA regulations, even if the State DOT manual is out-of-date. (e). The State DOT must acquire adequate interest to construct, operate and maintain the highway facility. (h). The State DOT is responsible for monitoring local public agencies and applying sanctions for noncompliance. State Right-of-Way Responsibilities 23 CFR

ALDOT Right of Way Bureau

Local Agencies Responsibilities 23.CFR (h) May enter into agreements with ALDOT Must comply with Uniform Act (Manual) Must comply ALDOT with requirements Must answer to ALDOT in cases of material noncompliance

LPA Manual

Why should you know the laws? The Fifth Amendment to the U.S. Constitution “No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.” for-property

When Federal funds are utilized on ANY phase of a project, even when there is no ROW needed for the project. When should the regulations apply?

If ROW is required…then what? Authorization to Proceed Secure authorization to proceed from ALDOT before beginning project right-of-way activities. Any funds expended or costs incurred prior to authorization are not eligible for reimbursement The ALDOT Manual provides details on authorization to proceed with right-of-way activities requirements.

Project must be in the STIP. (a)(1) State has executed a project agreement. (a)(2) Certain costs may be incurred prior to NEPA clearance (title search & appraisal) (a)(3) Costs must be incurred in conformance with State and Federal laws and regulations. (a)(4)

Proceed to Construction 23 CFR Prior to receiving authorization to advertise for bids or to proceed with force account construction, the State must provide a statement that all right-of-way clearance, utility, and railroad work has been completed,………

As part of the certification required for proceeding to construction, a statement is required from the State that all right-of-way was acquired in accordance with current FHWA right-of- way directives. Certification of Compliance 23 CFR (g)

Question 1 The City of Hope is proposing to resurface Main Street using FHWA funds. Name five things relating to Right- of-Way that the State is required to do in order to be eligible for Federal funding.

Answers to Question #1 Project in the STIP Signed project agreement Compliance w/applicable laws and regs DOT adequately staffed & organized DOT ROW Manual approved by FHWA

Question 2 The city of Bliss is using FHWA funds to make certain safety improvements to a local road that is on the National Highway System (NHS). The city proposes to acquire the rights-of-way for this project. What is the State DOT’s role in the right-of-way phase of this project?

Answer to Question #2 In accordance with 23 CFR (h): “The State shall monitor any such real property acquisition activities to assure compliance with State and Federal law and requirements and is responsible for informing such organizations (i.e., LPAs) of all such requirements and for imposing sanctions in cases of material noncompliance.”

Examples of What Can Go Wrong City of Secrets had a project with Federal-aid in Construction. But the City used its own funds to acquire ROW.

1. The City hired an appraiser and told the appraiser not to contact one of the owners. 24 CFR 102.(c) 2. The City did not have trained real estate staff. 24 CFR103.(2) 3. The appraisals were not reviewed before offers were made. 24 CFR 104.(a) 4. The files did not contain any Notice to Owner letters. 24 CFR 102.(b) 5. Written offers of just compensation were not provided to property owners. 24 CFR 102.(d) Examples of things that cause non-compliance

That the State is ultimately responsible for the oversight of LPAs. That State is responsible for all Federal-aid highway projects administered at the county or city level. That State is responsible for establishing appraisal, acquisition and relocation program And, that if a local public agency plans to use it own funds to acquire ROW for a Federal-aid funded project, the local public agency must follow the procedures of the State DOT and Federal regulations What would FHWA do? FHWA determined that there were violations to the Uniform Act

Would FHWA pull funds? It depends!!

If you work for an LPA, use the ALDOT Procedural Manual for guidance. Consult with your ALDOT Division ROW Manager for assistance. State Guidelines

National Highway Institute FHWA-NHI Course title: Real Estate Acquisition Under the Uniform Act: An Overview - WEB-BASED Course number: FHWA-NHI Course title: Local Public Agency Real Estate Acquisition - WEB-BASED

Summary We discussed who has responsibilities for local administrated projects We discussed what an LPA should/should not do. We discussed when & why to apply federal & state laws and regulations. We discussed how to keep federal funds.

Tammy M. Keeley 9500 Wynlakes Place Montgomery, AL