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R/W LAP PROJECTS Presented by Ron Crew
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Federal Aid Taxes Aid ROI
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Federal Requirements Apply When
There is anticipation or intent to pursue federal aid funding for any phase of the project Real property interests are required for a project and there are federal aid funds in any phase of the project; and/or People or businesses are displaced by a project and there are federal aid funds in any phase of the project
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Uniform Act Know It Embrace It Follow It
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Appraisal Property owner must be invited to appraisal property inspection Appraisal report must conform to USPAP Appraisal report must conform to FDOT supplemental standards Appraisal report must be reviewed Just compensation is determined by FDOT reviewer Just compensation is based on approved fair market value
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Acquisition Initial contact with property owner in person or by certified mail Explanation of the process and their rights A written offer to the property owner of just compensation Good faith negotiations considering property owner information Opportunity to consider offer – no coercive action Payment to owner before surrendering possession of property Payment of attorney and expert fees
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Relocation Assistance
Develop conceptual stage plan Conduct needs assessment survey Make a determination of eligibility Explain relocation assistance payment types and amounts Provide comparable replacement housing Deliver 90 day letter of assurance Ensure replacement housing is decent, safe and sanitary Provide sufficient advisory services
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Property Management Inventory of property
Maintenance and security of acquired property Regular inspection Interim leasing to recoup funds Asbestos survey and abatement Clear all improvements Identification and disposal of surplus property
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End Game R/W certification precedent to letting Title acquired
All relocatees moved Demolition complete
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Contracting All areas of R/W work
Proper Consideration to MBE’s and DBE’s Follow FDOT procurement procedures
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Donations Owner must be made aware of his rights to: An appraisal
Just compensation Document owner’s waiver of these rights May be in exchange for constructions features/concessions
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Uneconomic Remnants Remainder has loss of utility or value to current owner Determined in the appraisal review process Must make an offer to purchase it
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Common Trouble Areas
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Common Trouble Areas Early Acquisition Appraisal Review
Documenting Donations Appraisal inspection letter to owner Relocation in accordance with the Uniform Act
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FDOT Responsibilities
Review ROW maps, construction plans and cost estimates Perform compliance audit/review Keep legible, complete, and organized records Hard copies desirable Specific documents reviewed Remediation possible Conduct training Clarify policies and rules
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Helpful Hints Title must be free and clear
FDOT forms may be used as templates Watch out for duplication of payments Refer to FDOT Right of Way procedures
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A Job Well Done! Trails Tax Money Recovered Added Lanes Public Service
Safety Features Public Service to the Community Replacement Bridges
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FHWA Websites Real Estate Acquisition Guide For Local Public Agencies
Federal-aid Essentials for Local Public Agencies Information on right of way related topics Information covering Uniform Act regulations and guidance Information covering real property acquisition for Federal-aid projects Information on how to properly manage right of way on Federal-aid projects Free Online Uniform Act Course
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FDOT Websites Local Agency Program Manual
Right of Way Office Right of Way Procedure Manual Right of Way Forms
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