RIGHT OF WAY BEST PRACTICES FOR LOCAL PUBLIC AGENCIES

PURPOSE This Seminar is intended to assist LPA’s to secure funding for local road projects and as a guide for right-of-way acquisitions.

PROJECT DEVELOPMENT The LPA program is typically administered by State DOT’s and a Management Consultant who delivers the project management and oversight activities.

The LPA must initiate and maintain communications with the Management Consultant who in turn works with the State DOT Real Estate Coordinator. This includes utility and railroad coordination and encroachments.

ROW Activities ? EIR CERTIFICATION Planning

PROJECT PEOPLE PROJECT PEOPLE TEAM Skills Tools Process Organization AD HOC PROJECT BASED PROJECT DELIVERY SYSTEM BASED TEAM Skills Tools Process Organization Project Delivery A NEW APPROACH

Internal Stakeholders PROJEC T LEAD External Stakeholder s Core Design Team Management Public Works and Utilities Director/ County Engineer Transportation Division Manager Design Engineering Supervisor External Stakeholders Project Lead Internal Stakeholders Core Design Team Operational Chart Change the Team Makeup Organizational Chart Right of Way Supervisor Staff Team Member Project Delivery

EARLY INVOLVEMENT

YOU WANT ROW WHEN?! –Up Front Planning Meetings –Property Owner Contact –Public Hearings –Review the Right of Way Plat

PROJECT STAFFING AND ACQUISITION CAPABILITY STATEMENT Separation of staff functions and minimum requirements for R/W personnel - Appraisers - Review Appraisers - Negotiation Agents - Relocation Specialists

ACQUISITION CAPABILITY STATEMENT Indicates that LPA has adequate and qualified staff to acquire right-of-way Staff must be approved by the State DOT

APPRAISAL PROCESS State DOT’s typically have a list of approved appraisers Appraisal Formats Property inspection & owner contact Appraisal Review - Local Funds - State or Federal Funds Offer price approval

NEGOTIATION PROCESS Brochure requirement Negotiation Diary Negotiation Procedures Prohibited Conduct Initiation of Negotiations Offer price letter

PROPERTY OWNER APPRAISALS 60-day deadline Reasonable fee Qualified appraiser Significant new evidence Revised offering price letter

ACQUIRING PROPERTY INTERESTS Conveyance types - Deeds - Easements - Permits “Must have” language

CONDEMNATION PROCESS Jurisdictional Offer -Post 60-Days Notice of Lis Pendens Award of Compensation - Direct to Owner - Clerk of Courts

PROPERTY MANAGEMENT Now what do I do with this property? Which Agency / Department manages the acquired properties?

CERTIFICATION AND RECORDS ROW Certification - Copies of all conveyances & permits - Utilities - Encroachments - Relocations completed Records Management Compliance

REIMBURSEMENT OF STATE/FED AID Statement of Expenditures - Documentation - Contracts, Invoices and Receipts - Closing Statements - Litigation Expenses

CONCLUSION LPA’s should follow at least the minimum procedures to secure approvals and assure reimbursement LPA’s are responsible to ensure all state and federal Procedures are followed.