Richard Dunlap, Assistant State Right of Way Manager The State of the State Oregon Right of Way

New Director Matt Garrett New Chief of Staff Joan Plank Oregon to host the 2006 AASHTO Annual Meeting October 26-30

Restrict use of eminent domain Outdoor Advertising Sign Program Gubernatorial Election Ballot Measure 48: State Spending Cap Ballot Measure 39: Eminent Domain

Limits increase in state spending Limits increase to percentage increase in population Federal funds excepted Questions about impacts to ODOTs matching funds May limit pass through money to local governments

Restricts use of eminent domain for private use Transportation projects exempt Immediate possession Pay attorney fees if verdict over initial offer

Oregon Transportation Investment Act (OTIA) OTIA 1 & 2 (2001): $672 million OTIA 3 (2003): $2.46 billion Connect Oregon (2005): $100 million Connect Oregon 2 (2007): $100 million

OTIA 1 & 2: Complete or under construction OTIA 3: construction schedule 40% of state bridges to contract Connect Oregon: 43 projects selected 2006: ODOTs active construction projects exceed $1 Billion

Office of Innovative Partnerships Program Road User Fee Pilot Program

Oregon Transportation Investment Group (OTIG) Macquarie Infrastructure Group Hatch Mott MacDonald Expanded authority to use eminent domain to allow private sector ownership

11 mile Newberg-Dundee Bypass, $425 million 13 mile Sunrise Highway, $1.2 billion South I-205 Corridor, $780 million Toll Revenue

Oregons Road User Fee Pilot Program Oregons Road User Fee Pilot Program Office of Innovative Partnerships and Alternative Funding

Road User Fee Task Force Legislative Mandate: To develop a design for revenue collection for Oregons roads and highways that will replace the current system for revenue collection.

Oregons Mileage Fee Concept

The Concept A per-mile charge based on miles driven within Oregon by zone. Zone 1 = In State Zone 2 = Out of State Optional Zone 3 = Rush Hour

How it Works One way signal received by car to switch mileage counter between in-state and out-of-state zones. Mileage totals counted for in-state and out-of- state. No location information is recorded. Mileage read wirelessly at fueling stations. Gas tax deducted from gas purchase price (24 cents/gallon) and mileage fee added.

Outdoor Advertising Sign Program Measure 37 (2005) Realignment – 2 years later Performance Measures Initiatives

Permit requirement for off-premise signs violates states Constitutional guarantee of free expression On-/Off-Premise distinction is content-based Underlying regulations still in force Petition for Reconsideration denied Judgment entered July 17

Continuing effective control of signs Answering questions from internal and external customers Voluntary reviews instead of required permits

Legal Opinion from Department of Justice Fact Sheet for customers Legislation – compensation model

2004 ballot measure, 61% of vote Provides property owners just compensation for land use regulations enacted after their ownership Agency can waive regulation in lieu of payment State Right of Way Manger is lead for ODOT

2289 claims to State of Oregon $5.2 billion in total compensation claimed All agencies either denying claim or waiving regulation ODOT is lead agency on 4 claims, associated agency on 9 Access Management and Sign Program

Two years later De-centralized structure 37 FTE in Right of Way Section (HQ) 41 FTE in 5 Region offices

Craig Andersen Jean Celia Gary Taylor David Brown Joe Gray

Region 1: Craig Andersen R/W Acquisition Region 2: Jean Celia R/W Acquisition, Utilities Region 3: Gary Taylor R/W Acquisition, Descriptions, Survey Region 4: David Brown R/W Acquisition, Descriptions, Survey Region 5: Joe Gray R/W Acquisition, Descriptions, Survey

Dee Jones, State Right of Way Manager Richard Dunlap Operations Howard Bergstrom Project Administration Mike Kirby Program Management Janie Olson Program Support Acquisition Condemnation Access Mgmt ADR Budget Project Authorization Appraisal Review Relocation Review Local Public Agency Railroad Utilities Property Management Outdoor Advertising Sign Program R/W Data Management Systems Closing/Title Document prep Condemnation processing File Administration RAIN Support Staff

573 files acquired Settlement Rate: 65% settled at Just Compensation Settlement Variance Ratio: 17% over Just Compensation Condemnation Rate: 13%; 2004 rate was 9% Customer Satisfaction: 86% PM Revenues: $6.9 Million

Statewide Training Conference Consultant Appraisal Review Right of Way Data Management Project

Backfile – Scan, Index, & Data capture: 128,000 right of way files 35,000 general files 17,000 right of way maps 12,000 contract plan sets Going Forward – Automate right of way processes

127, ,000 42,423 20,000 40,000 60,000 80, , ,000 20,000 40,000 60,000 80, , ,000 20,000 40,000 60,000 80, , ,000 Make Ready 127,899 Scanned127,899 Indexed95, % 94.60% 44.28% Overall Progress: 79.63% R/W Files as of September 6, 2006