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ODOT Right of Way Section Where does the R/W Section fit within ODOT?Where does the R/W Section fit within ODOT? What do we do?What do we do? How does.

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Presentation on theme: "ODOT Right of Way Section Where does the R/W Section fit within ODOT?Where does the R/W Section fit within ODOT? What do we do?What do we do? How does."— Presentation transcript:

1 ODOT Right of Way Section Where does the R/W Section fit within ODOT?Where does the R/W Section fit within ODOT? What do we do?What do we do? How does ODOT R/W affect LPA’s?How does ODOT R/W affect LPA’s? How does an LPA acquire property?How does an LPA acquire property? Why is ODOT involved?Why is ODOT involved? Are there any written agreements?Are there any written agreements?

2 ODOT Right of Way Section Federal RequirementsFederal Requirements Right of Way ManualRight of Way Manual How to avoid or minimize project delays & cost overrunsHow to avoid or minimize project delays & cost overruns What can cause a missed deadline or project milestoneWhat can cause a missed deadline or project milestone

3 Where does R/W fit within ODOT? Oregon Transportation CommissionOregon Transportation Commission Oregon Department of TransportationOregon Department of Transportation Director of TransportationDirector of Transportation Highway DivisionHighway Division Technical ServicesTechnical Services Right of Way (one of 6 sections in TS)Right of Way (one of 6 sections in TS)

4 What does R/W do? What does R/W do? R/W administers ODOT’s eminent domain programs & policies. Has oversight of all R/W activities including appraisal, acquisition, relocation and property management.R/W administers ODOT’s eminent domain programs & policies. Has oversight of all R/W activities including appraisal, acquisition, relocation and property management.And In cooperation with FHWA, R/W implements Public Law 91-646, the Uniform Relocation Assistance & Real Properties Acquisition Policies Act of 1970, as amended. Commonly referred to as the Uniform Act.In cooperation with FHWA, R/W implements Public Law 91-646, the Uniform Relocation Assistance & Real Properties Acquisition Policies Act of 1970, as amended. Commonly referred to as the Uniform Act.

5 How Does an LPA acquire property? There are three ways for an LPA to acquire property:There are three ways for an LPA to acquire property: ODOT acquires on behalf of an LPAODOT acquires on behalf of an LPA LPA acquiresLPA acquires Consultant acquires on behalf of an LPA Consultant acquires on behalf of an LPA

6 Why is ODOT involved? FHWA places overall responsibility for County and City Federal Aid Road Projects with ODOT.FHWA places overall responsibility for County and City Federal Aid Road Projects with ODOT. ORS 35.510 requires that when any program or project is undertaken by a public entity, resulting in acquisition of real property, the uniform act will be followed for relocation and acquisition.ORS 35.510 requires that when any program or project is undertaken by a public entity, resulting in acquisition of real property, the uniform act will be followed for relocation and acquisition.

7 Are there any written agreements? ODOT and the LPA enter into a services agreement.ODOT and the LPA enter into a services agreement. ODOT requires the LPA to pass a resolution stating whether or not they will condemn if necessary.ODOT requires the LPA to pass a resolution stating whether or not they will condemn if necessary.

8 Federal requirements. Funding responsibilities for federal aid hwy programs require that ODOT R/W must approve of an LPA doing its own acquisitions or any contracts between an LPA and a private consultant for R/W services where federal or state hwy funds would be involved.Funding responsibilities for federal aid hwy programs require that ODOT R/W must approve of an LPA doing its own acquisitions or any contracts between an LPA and a private consultant for R/W services where federal or state hwy funds would be involved.

9 Right of Way Manual. The R/W Section has published a State Right of Way Manual covering all applicable laws & regulations.The R/W Section has published a State Right of Way Manual covering all applicable laws & regulations. The Right of Way Manual is available electronically or hard copy.The Right of Way Manual is available electronically or hard copy. The ODOT R/W Manual (or approved substitute) must be followed if federal aid is used in any phase of a project. The ODOT R/W Manual (or approved substitute) must be followed if federal aid is used in any phase of a project.

10 How To avoid or minimize project delays and cost overruns. Address land title problems early.Address land title problems early. Involve the Review Appraiser early in the acquisition process.Involve the Review Appraiser early in the acquisition process. Ensure all environmental issues are resolved before beginning R/W acquisitions.Ensure all environmental issues are resolved before beginning R/W acquisitions. Prepare and follow your access management plan.Prepare and follow your access management plan.

11 More ideas on project delays and cost overruns. Educate yourself at the state and federal level. Read and understand the R/W Manual.Educate yourself at the state and federal level. Read and understand the R/W Manual. ODOT is your friend (really!) Involve us early and often. We’re from the government and we really are here to help you!ODOT is your friend (really!) Involve us early and often. We’re from the government and we really are here to help you!

12 What can cause a missed deadline or project milestone? R/W Funding. Obtain the necessary funding and get it authorized by ODOT.R/W Funding. Obtain the necessary funding and get it authorized by ODOT. Personnel. Ensure you have adequate personnel for the size of your project.Personnel. Ensure you have adequate personnel for the size of your project. A poor design, lack of attention to detail or project creep can make your life miserable. Check everything twice, do it once!A poor design, lack of attention to detail or project creep can make your life miserable. Check everything twice, do it once!

13 What else can cause a missed deadline or project milestone? Ineffective decisions. Make the best possible decision and stick to it.Ineffective decisions. Make the best possible decision and stick to it. Leadership. The project leader must be decisive.Leadership. The project leader must be decisive. Understand property rights and what you need for the project. A temporary easement when you really need a fee acquisition will wreak havoc on your project.Understand property rights and what you need for the project. A temporary easement when you really need a fee acquisition will wreak havoc on your project.

14 Who can I contact for more information? Your local ODOT R/W office. Portland 503-731-8400/Craig Anderson Salem 503-986-2601/Jean Celia Roseburg 541-957-3559/Gary Taylor Roseburg 541-957-3559/Gary Taylor Bend 541-388-6196/David Brown Bend 541-388-6196/David Brown LaGrande 541-963-7552/Joe Gray LaGrande 541-963-7552/Joe Gray

15 Are there any online resources? FHWA www.fhwa.dot.gov/realestateFHWA www.fhwa.dot.gov/realestatewww.fhwa.dot.gov/realestate ODOT www.oregon.gov/odot/hwy/rowODOT www.oregon.gov/odot/hwy/rowwww.oregon.gov/odot/hwy/row


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