50 Ways to Lose Your Money Dave Leighow Realty Specialist FHWA-HQ-Salem, OR.

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Presentation transcript:

50 Ways to Lose Your Money Dave Leighow Realty Specialist FHWA-HQ-Salem, OR

Money Talks! Be sure you have the right answers Federal funds are not always easy to get Once youve got them, you dont want to lose them

Following are 50 great ways to lose your federal funds!

Acquisition 1.Dont give the property owner an opportunity to accompany appraiser 2.Dont offer fair market value based on an appraisal 3.Dont give property owner written offer 4.Dont give property owner reasonable opportunity to consider offer 5.Dont offer to purchase uneconomic remnant from property owner

Acquisition continued 6.Dont reimburse property owner for incidental expenses (closing costs, etc.) 7.Dont offer to acquire buildings, structures, other improvements 8.Coerce property owner into signing 9.Allow the same person to appraise/negotiate over $10, Dont negotiate in good faith with the property owner

Relocation Assistance 11.Dont give displacees 90-day assurance 12.Dont offer advisory services 13.Dont explain relocation eligibility 14.Dont explain relocation entitlements 15.Dont offer comparable replacement housing 16.Dont reimburse displacees for all eligible moving expenses

Relocation Assistance continued 17.Dont pay eligible RHPs 18.Dont provide inventories or monitor non- residential moves 19.Dont document actual, reasonable costs 20.Dont pay mortgage interest differential 21.Dont pay closing costs on replacement dwelling 22.Dont do DSS inspection of replacement dwelling

Relocation Assistance continued 23.Dont allow tenant displacee to choose the down payment supplement option 24.Dont provide justification for last resort housing 25.Dont explain move options to non- residential displacees (actual direct loss, in lieu of, substitute personal property, etc.)

Property Management 26.Charge more than fair market rent on a lease-back 27.Fail to account for use of proceeds from sale and lease on other Title 23 projects 28.Dispose or lease ROW along the Interstate without FHWA approval 29.Fail to keep ROW free of unapproved uses (encroachments)

General Issues 30.Fail to obtain approval from FHWA for change in access control along the Interstate 31.Fail to assure that local agencies follow approved procedures 32.Fail to evaluate the environmental effects of disposal and leasing actions 33.Fail to assure that an airspace lease is in the public interest & meets safety 34.Inadequate documentation (the Almost Golden rule)

The Almost Golden Rule If it aint documented, it didnt happen! If it aint documented, it didnt happen!

Youll Lose $$$ IF … You fail to comply with the Uniform Relocation Act

Youll Lose $$$ IF … You fail to comply with 49 CFR Part 24

Youll Lose $$$ IF … You fail to comply with your approved (by FHWA) R/W Manual

The 51 st Way! Cut corners to save money How many times have you heard an engineer or project manager ask: Do we really have to do thatit costs too much and takes too much time?How many times have you heard an engineer or project manager ask: Do we really have to do thatit costs too much and takes too much time? If you dont have money to do it right, you dont have money to do it at all!If you dont have money to do it right, you dont have money to do it at all!

The 52 nd Way! Acquire ROW in advance of NEPA clearance, but dont follow the Uniform Act: Early acquisition is a streamlining opportunityEarly acquisition is a streamlining opportunity Early acquisition is a risk management decisionEarly acquisition is a risk management decision

Whats It All About? The historic purpose underlying the Uniform Relocation Act (URA)* is:The historic purpose underlying the Uniform Relocation Act (URA)* is: For acquisition: Treat owners fairly and consistently, encourage acquisition by agreement, minimize litigation, and promote confidence.For acquisition: Treat owners fairly and consistently, encourage acquisition by agreement, minimize litigation, and promote confidence. For displaced persons: Treat individuals fairly, equitably, consistently, and do not cause disproportionate injury.For displaced persons: Treat individuals fairly, equitably, consistently, and do not cause disproportionate injury. For agencies: Act efficiently and in a cost-effective manner.For agencies: Act efficiently and in a cost-effective manner. *Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended *Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended

QUESTIONS?? Dave Leighow, FHWADave Leighow, FHWA Office of Real Estate ServicesOffice of Real Estate Services (Local agency in California, please contact your local Caltrans Right of Way for any further questions office at: