Sufficient Property Rights for Federal-Aid Highway Construction Chris Woods Oregon Division-FHWA Oregon Division.

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Presentation transcript:

Sufficient Property Rights for Federal-Aid Highway Construction Chris Woods Oregon Division-FHWA Oregon Division

What Is A Sufficient Property Right? – Federal & State Laws – Federal Regulations Oregon’s ROW Certification Requirements

Federal Law, Regulation, And State Law Refer To The Agency Acquiring Real Property For Highway Projects 42 USC 4651-The Uniform Act 23 USC 101- Highways 49 CFR Part CFR 710 ORS

23 CFR 710 Gives Some Clarity To Precisely What Property Rights Are Sufficient for Federal Aid Construction Access rights Air Rights Airspace Easement Right-of-Way Real Property

Property Rights Acquired Must Be Sufficient To Construct, Operate and Maintain The Highway Facility 23 CFR 1.23 Possessory Interest

§ 1.23 Rights-of-way. (a) Interest to be acquired. The State shall acquire rights-of-way of such nature and extent as are adequate for the construction, operation and maintenance of a project. (b) Use for highway purposes. Except as provided under paragraph (c) of this section, all real property, including air space, within the right-of-way boundaries of a project shall be devoted exclusively to public highway purposes. No project shall be accepted as complete until this requirement has been satisfied…. Partial Text Of 23 CFR 1.23:

A Possessory * Interest In The Real Property Required To Construct, Operate, and Maintain the Highway Facility Is Required Fee Simple Permanent Easements Temporary Easements Less than Fee Interests

ODOT Certifies To The Division That The Project Has All Real Property Rights Needed For The Project Certification 1 Certification 2 Certification 3

ODOT Certification Form Contains All The required Statements Under 23 CFR 635 Relocation ROW Encumbrances Disposition of Improvements Railroads Utilities

Statements Regarding Relocation Of Property And People The Number and Nature of the Relocations Status of Relocations

Statements Regarding Encumbrances & Improvements The Nature and Resolution to Encumbrance

Statements Regarding Railroads & Utilities

Required Information Regarding Cert 2s

Required Information Regarding Cert 3s

Re-certification of Cert 2s and 3s

Any Questions? Thank You, and

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