March 17, 2015 RICHLAND COUNTY RIGHT OF WAY POLICY

Transcription

1 March 17, 2015 RICHLAND COUNTY RIGHT OF WAY POLICY

2 Dates f Adptin and Amendment Actins RICHLAND COUNTY RIGHT OF WAY POLICY Page 1 f 24 Adpted by Richland Cunty Cuncil March 17, 2015

3 Page 2 f 24 INTRODUCTION I. DESCRIPTION AND OVERVIEW This Richland Cunty Right f Way Plicy (the Plicy ) sets frth the right f way acquisitin prcess and prcedures fr rights f way acquisitins by Richland Cunty (hereinafter, the Cunty ). The prcedures described herein shall fllw where applicable the United States Unifrm Relcatin Assistance and Real Prperty Acquisitin Plicies Act f 1970, as amended, Pub. L , 42 U.S.C et seq., and regulatins there under, 49 C.F.R. Pt. 24, and the Suth Carlina Eminent Dmain Prcedure Act, S.C. Cde Ann , et seq. Within each sectin, additinal manuals r plicies may be referenced t prvide guidance t the Cunty. The Cunty generally fllws Suth Carlina Department f Transprtatin ( SCDOT ) right f way acquisitin prcedures. SCDOT right f way acquisitin prcedures cmply with the Suth Carlina Eminent Dmain Prcedure Act. The Cunty will cmply with the SCDOT Right f Way Manual (latest editin) and assciated manuals r dcuments and applicable federal and state laws and regulatins. Specific prcedures cntained in SCDOT manuals may be referenced in this Plicy. The Cunty will als use SCDOT standard frms and dcuments t the extent practicable. Right f way prjects eligible fr state and federal funding and maintenance are subject t the Intergvernmental Agreement between the Cunty and SCDOT ( IGA ), and thereby require SCDOT invlvement in the right f way acquisitins prcess. All activities related t the acquisitin f rights f way fr prjects eligible fr state and federal funding r maintenance will be in accrdance with the terms f the IGA and applicable state and federal laws and regulatins. The Cunty will transfer the right f way fr these eligible prjects t SCDOT at the cnclusin f the prject. This Plicy des nt supplant, enlarge r limit any rights, bligatins r duties f the Cunty under applicable federal and state laws r regulatins r Cunty rdinances relating t right f way acquisitins r the exercise f eminent dmain r cndemnatin pwers. Nr d the guidelines, prcesses r prcedures cntained herein establish a legal standard r give rise t private rights f actin. T the extent this Plicy cnflicts with applicable federal r state laws r regulatins r Cunty rdinances, such laws, regulatins, r rdinances cntrl. This Plicy is rganized int tw sectins fr Right f Way Acquisitin Prcedures: Sectin 1: Prjects eligible fr State and Federal Funding and Maintenance Sectin 2: Cunty Prjects It includes a descriptin f peratinal prcedures and prvides discussin n the prcess by which right f way acquisitin functins are t be accmplished. II. PURPOSE The purpse f the Plicy is t streamline the right f way acquisitin prcess by prviding unifrm guidance in the frm f a published plicy manual establishing standards, prcedures and prcesses fr right f way acquisitins and related activities.

4 Page 3 f 24 N plicy manual can be expected t cver all f the ptential eventualities that might be encuntered by Cunty persnnel invlved with the right f way acquisitins prcess. This Plicy sets frth general guidelines t be fllwed and is subject t change as may be deemed prudent. If a situatin nt specifically cvered by this Plicy shuld arise, Cunty persnnel shuld cntact their immediate supervisr fr guidance.

5 Page 4 f 24 SECTION 1: PROJECTS ELIGIBLE FOR STATE & FEDERAL FUNDING AND MAINTENANCE I. PREPARATION FOR ACQUISITION PROCEDURES A. Right f Way Plan Review The Right f Way Manager ( R/W Manager ), available SCDOT persnnel, and Cunty Directr f Transprtatin r ther apprpriate Cunty representative will physically visit and analyze the right fway prject site t determine the fllwing: (1) Relcatin f Landwners Displaced by the Transprtatin Prject (2) Acquisitin/Negtiatin (3) Appraisal standard The review and analysis will include a thrugh discussin n the varius aspects and implicatins f the selected rute n right f way ( R/W ) acquisitins including, but nt limited t, any damages r diminutin in value t the prperty remainder, csts t cure damages, benefits t the prperty, specialty appraisal requirements (signs, fixtures, equipment, etc.), if applicable. After the review has been cncluded, a meeting will be held with the Engineer f Recrd t present any recmmended changes t the plans that may aid in the R/W acquisitin prcess, yet nt significantly cmprmise any ther aspect f the prject. Upn receipt f the final right f way plans, the R/W Manager will prvide a final review t determine permissin nly parcels 1, acquisitin parcels with and withut permissins, and relcatin parcels. R/W parcels will be acquired in fee simple except where SCDOT and Cunty may direct the acquisitin f a R/W easement, in lieu f fee simple title, with respect t any prtin f the R/W. B. Agent Assignments The R/W Manager will assign parcels t Agents based n experience and parcel cmplexity. Agents are emplyed by an entity t prvide acquisitin and relcatin related services t individuals affected by R/W acquisitins. The Agents will familiarize themselves with the plans and will draft preliminary Landwner cntact letters. The Agent will nt deliver the cntact letter r therwise cmmunicate with the Landwner 2 until receipt f the title pinin. C. Request Title Opinins Final R/W plans will be sent by the R/W Manager t the title attrney. The title attrney will examine title as directed by the R/W Manager. The R/W Manager s directins will be based n parcel 1 A permissin is a right t enter prperty fr a stated purpse granted by the Landwner t the Cunty. A permissin nly parcel is a parcel utside the right f way that the Cunty may need t enter t perfrm wrk upn as part f the R/W prject. 2 Landwner as used thrughut this Plicy shall mean a Landwner as defined by the Suth Carlina Eminent Dmain Prcedure Act, S.C. Cde Ann (12).

6 Page 5 f 24 cmplexity, subject t the minimum requirements set frth in Sectin 1, Subsectin II (Title Investigatins/Opinin) f this Plicy. D. Request Cst Estimates The R/W Manager will send the final R/W plans t a SCDOT Apprved Appraiser requesting cst estimates based upn the R/W Manager s discretin as determined by the plan review. Cst estimates are a simplified versin f an appraisal and are based n cmparable sales lcated n r adjacent t the prject site. Once cst estimates are cmpleted and reviewed by SCDOT designated persnnel, it will be the respnsibility f SCDOT t set just cmpensatin fr the cst estimates. Once just cmpensatin has been set, ffers can be made frm the apprved cst estimates n nn cmplex acquisitins under $20, Hwever, state law prvides that the Landwner has the right t require that an appraisal be made fr any acquisitin, regardless f the cst estimate amunt. Any cmplex acquisitins as defined hereinafter will require an appraisal befre an ffer can be made fr acquisitins. E. R/W Exhibits R/W exhibit(s) will be prepared fr each parcel and will fllw the criteria established by SCDOT in the Instructinal Guide fr Rights f Way Exhibits. The exhibit(s) will be presented n 8.5 x 14 legal size paper and cntain, withut limitatin, the fllwing: Hrizntal alignment Prperty Lines Present R/W New R/W Area f acquisitin highlighted Prject identificatin r number Parcel (Tract) N. New radway design Existing radway tpgraphy The exhibit(s) will be finalized and submitted t the R/W Manager fr inclusin int the final R/W file. II. TITLE INVESTIGATIONS/OPINIONS The title attrney will prvide a 40 year title investigatin in rder t establish prperty wnership prir t cntacting any Landwners, as defined by the Suth Carlina Eminent Dmain Prcedure Act, S.C. Cde Ann (12). The title search will cnfrm t the R/W Manager s directins and the requirements set frth in this Plicy and will cnsist f a thrugh search f the tax assessr s recrds, deed recrds, Prbate recrds, and ther pertinent surces in rder t determine the current wnership f each parcel. The title pinin will include, but nt be limited t: Current Landwner Prperty tax infrmatin Mrtgage(s) f recrd Miscellaneus liens (state, federal, etc.) Prperty wner deed(s) and plat(s) Easements f recrd The title pinin will list all Landwners. Title pinins are effective fr a perid f 90 days. Shuld title pinins exceed 90 days prir t the actual acquisitin, cnclusin r cndemnatin f a parcel, the title attrney, at the request f the R/W Manager, will prvide an updated title pinin. The updated title pinin, als effective fr a perid f 90 days, will include any new infrmatin regarding mrtgage(s) f recrd and miscellaneus liens.

7 Page 6 f 24 Upn receipt f the title pinin, the R/W Manager will review the title pinin, and if clarificatin is needed n any items, the R/W Manager will discuss these items with the title attrney. The title attrney will prvide a revised title pinin as needed. Prir t filing a cndemnatin ntice with the Curt, utside cunsel has the discretin t update the title pinin as needed. III. PRELIMINARY CONTACT WITH LANDOWNER Agents will begin cntacting Landwners as sn as pssible after receipt f the title pinin frm the R/W Manager. Agents will initiate the negtiatin prcess by mailing a preliminary cntact letter t the Landwner. This will allw the Landwner t schedule a meeting with the Agent at the Landwner s cnvenience. The Agent will include the fllwing with the letter: Brief R/W prject descriptin Cpy f the R/W plan sheets, highlighting the prpsed acquisitin n the Landwner s prperty Agent cntact infrmatin There are tw types f acquisitin parcels: Cmplex Acquisitin 3 and Nn cmplex Acquisitin 4. Pririty will be given t Cmplex Acquisitins. The fllwing describes the Agent s initial meeting with the Landwner n these types f acquisitins: A. Cmplex Acquisitins (Cmpensatin t Prperty Owner > $20,000) During the preliminary cntact, the Agent will meet with the Landwner nsite, when reasnably pssible, t discuss: Title infrmatin Prperty lines Prpsed imprvements R/W acquisitin R/W appraisal prcess Relcatin prcess and assistance, if applicable A cpy f the SCDOT Highways and Yu bklet will be prvided t each Landwner. This bklet cntains additinal infrmatin n the R/W acquisitin prcess. The Agent will als perfrm an nsite field review with the Landwner and prvide a cpy f the R/W plan sheet(s). If permissins are required fr the parcel, the Agent will btain a signed permissin frm during the preliminary cntact. If the Landwner is nt willing t grant a specific permissin, it may be necessary t cnvert the permissin(s) t right f way prir t requesting the appraisal. 3 A cmplex acquisitin as used thrughut this Plicy means an acquisitin f prperty valued in excess f $20,000; ccupied parcels; parcels that may require significant appraisal time r engineering mdificatins r studies; parcels that may becme imprved tracts due t R/W impacts; parcels that are heirs prperty; parcels that are under guardianship; parcels where guardians must be appinted because ne r mre f the Landwners f the parcel are minrs r are incapacitated; parcels that may be subject t bankruptcy r prbate prceedings; prperties subject t leasehld interests; and ther parcel acquisitin deemed cmplex by Directr f Transprtatin r ther apprpriate Cunty representative. 4 A nn cmplex acquisitin as used thrughut this Plicy means an acquisitin f prperty valued at $20,000 r less that is nt therwise cmplex.

8 Page 7 f 24 The Agent will nt make an ffer during the preliminary cntact n a cmplex acquisitin, but will infrm the Landwner that an appraisal will be rdered, and the Landwner may be present while the appraiser inspects the prperty. B. Nn cmplex Acquisitins (Cmpensatin t Prperty Owner $20,000) The preliminary cntact by the Agent will include the items listed under Cmplex Acquisitins; hwever, the Agent will make an ffer t the prperty wner based n a cst estimate f just cmpensatin set by SCDOT. The Agent will explain that the Landwner may request an appraisal, and the appraised ffer may supersede the cst estimate ffer, even if the cst estimate ffer is mre than the appraised ffer. During the preliminary cntact with the Landwner, if it is apparent that the Landwner des nt understand hw the new R/W acquisitin will affect the prperty, it may be necessary t have the present and new R/W limits staked prir t the Agent meeting with the Landwner again. Under such circumstances, the Agent may recmmend R/W staking fr the specific parcel t the R/W Manager, and the R/W Manager may crdinate the R/W staking with the surveyr. If the Cunty prefers, the present and new R/W limits fr the entire prject may be staked prir t the Agents making preliminary cntact with Landwners. This may be necessary n cntrversial prjects, r if during the public invlvement prcess, multiple R/W questins are submitted. IV. NEGOTIATIONS The negtiatins with the Landwner will adhere t applicable state and federal laws and regulatins and the SCDOT Acquisitin Manual. As such, the R/W Manager will maintain a negtiatins recrd n a parcel by parcel basis. The recrd will be kept in a permanent frm and cmpleted within a reasnable time after each cntact with the Landwner. The recrd shall be signed and dated by the assigned Agent. The negtiatin recrd will include: Crrespndence between the Agent and Landwner Crrespndence between the R/W Manager, Cunty persnnel invlved in R/W acquisitins, Engineer f Recrd, and thers Title Opinin Initial ffer and cunterffer(s) (if any) based n apprved Cst Estimates/Appraisals Cst Estimate/Appraisal R/W Exhibit Administrative Adjustment letter Settlement Apprval letter r Letter Recmmending Cndemnatin The Agents, fllwing the preliminary cntact with the Landwner, will: A. Make Offer The majrity f ffers are usually made and negtiated in persn between the Agent and Landwner. All ffers will be made subject t the apprval authrity established by Cunty Cuncil. Cunty Cuncil may revise, alter, r amend this apprval authrity frm time t time in its sle discretin. The Cunty Directr f Transprtatin r ther apprpriate Cunty representative will review prpsed settlements. If necessary due t the established apprval authrity, the Cunty Directr

9 Page 8 f 24 f Transprtatin r ther apprpriate Cunty representative must seek and secure additinal apprval t settle the matter. Offer Prcess Cmplex Acquisitins: Hand deliver appraisal ffer letter t Landwner nsite with cpy f appraisal 1) Appraisals Only SCDOT apprved appraisers will be used t perfrm appraisals fr rights f way acquisitins by the Cunty. Each appraisal will cmply with applicable state and federal laws and regulatins, SCDOT plicies and prcedures, and the Unifrm Standards f Prfessinal Appraisal Practices ( USPAP ). The R/W Manager will assign parcels t the appraiser based n appraisers ability and experience in appraising particular types f prperty. The appraiser s ability t testify successfully in curt fr the cndemning authrity will als be a cnsideratin n parcels invlving ptential prblems r cmplex issues. The R/W Manager will cntract with appraisers n a prject r parcel basis with the appraisals due at an agreed upn time r in an apprpriate time frame t facilitate the R/W prject. The appraisers will transmit the cmpleted appraisals t the reviewing appraiser, and at the same time, a cpy f the transmittal letter and appraisal will be sent t the R/W Manager t allw the status f appraisals and appraisal reviews t be accurately mnitred. 2) Review Appraisals Only SCDOT apprved appraisers will be used t perfrm review appraisals fr rights f way acquisitins by the Cunty. The review will cmply with applicable state and federal laws and regulatins, SCDOT plicies and prcedures, and the USPAP. The reviewer will check each appraisal fr cmpliance with applicable state, federal, SCDOT, and USPAP requirements and apprpriate items f cmpensatin, and will verify that the appraisal des nt cntain arbitrary r speculative adjustments. The accuracy f mathematics, reasning and lgic, and verall supprt fr the value cnclusin will be reviewed thrughly. The review appraiser will prvide the R/W Manager a Review Appraisal Reprt, Appraisal Review Summary, and a recmmended just cmpensatin ffer fr the prperty t be acquired. The R/W Manager will submit the appraisal and review appraisal packages t SCDOT. Based n the recmmendatins f the review appraiser, SCDOT designated persnnel will prvide a respnse t the recmmendatin and set just cmpensatin accrdingly. The R/W Manager will spt review the appraisals, appraisal reviews, and ther infrmatin prvided by the appraiser and review appraiser n a randm basis as a quality assurance measure.

10 Page 9 f 24 3) Relcatin Assistance Prgram Whenever an acquisitin requires the relcatin f a Landwner, the Relcatin Assistance Prgram will be administered by the Cunty in accrdance with applicable state and federal laws and regulatins and the SCDOT Relcatin Assistance Manual. Qualified Relcatin Agents will perfrm relcatin activities. The Relcatin Agent, appinted by the R/W Manager, will make a R/W prject relcatin assessment cnsisting, withut limitatin, f: An analysis f the needs f residential displacee based n: the number f ccupants residing in the dwelling; family size, age and gender; ccupancy status (wner r tenant); the cnditin f the present dwelling and whether r nt it meets required husing cnditins; incme f the husehld; citizenship verificatin; distances t emplyment, shpping, public facilities, etc.; and any special circumstances, including physical disabilities r special educatin needs fr children. An analysis f the replacement husing resurces available t accmmdate the needs f thse being displaced. The analysis will cnsider husing fr sale and fr rent. A review f the market fr thse displacees with special r unique requirements. Last Resrt Husing will be cnsidered where needed. A review f ther Federal and lcal prgrams which may assist in prviding advisry assistance and ther financial assistance t displacees. An analysis f the needs f any businesses t be displaced. It is imprtant that ptential displacees be cntacted t review the relcatin prcess and issues that may affect their relcatin with them. Fr thse persns unable t speak r understand English, either bilingual agents will be available r a translatin service will be utilized. Relcatin Agents will als perfrm the fllwing nn exclusive services: Prvide listings f cmparable replacement prperty fr sale and rent. Listings will include the name f the realtr, seller r landlrd wh has the available prperty. Wrk with realtrs and lenders t explain the relcatin assistance prgram and hw each displacee s entitlements will be paid. Prvide transprtatin and assistance in getting t prperties that are fr sale r fr rent t thse displacees wh have n means f transprtatin. Perfrm decent, safe, and sanitary inspectins f prperties listed as cmparable replacement alternatives and husing selected by the displacees. Verify the dwelling being ccupied (either purchased r rented) meets lcal husing cdes and rdinances and the minimum decent, safe, and sanitary regulatins. When replacement prperty is purchased, attend the clsing t assist the displacee and deliver the apprpriate payment. Assist residential displacees with cmmercial mvers when they chse t mve n an actual cst basis. Interview the wner f a business peratin t determine what special needs may be required t accmmdate the business at a new lcatin.

11 Page 10 f 24 Assist the business in wrking with lcal zning requirements t btain permits and licenses fr relcatin f their business. The Relcatin Agent will prepare the relcatin benefit cmputatins and supprting dcumentatin and submit t the R/W Manager. If the R/W Manager apprves the relcatin package, the R/W Manager will frward it t the SCDOT Right f Way Office with a recmmendatin fr apprval. Once SCDOT apprves, the Relcatin Agent will make an ffer t the displacee fr any applicable relcatin benefits/assistance. Nn cmplex Acquisitins: Initial ffer was made during preliminary cntact with the prperty wner based n the Cst Estimate Offer (Cmpensatin t Landwner < $20,000). If the Landwner elected t have an appraisal cmpleted, it wuld fllw the prcess shwn under the Cmplex Acquisitins. Offers by mail may be used n specific parcels where it appears feasible t d s. A packet cntaining infrmatin required by SCDOT Right f Way Plicies and Prcedures Manual and any ther infrmatin pertinent t the particular parcel will be mailed t the Landwner by certified mail. If a cpy f the appraisal has been previusly requested by the Landwner, it will be included in the packet. The letter will cntain the address and phne number f the agent and will advise the Landwner that the agent will answer any questins and/r set up an appintment t discuss matters at a specific time. Prviding specific infrmatin t the Landwner in advance f the meeting with the Agent allws the Landwner time t review the ffer and the effects f the acquisitin n the prperty, and therefre be better prepared t discuss the acquisitin with the Agent. Due t the cmplexities f the relcatin assistance prgram, negtiatins by mail will nt be used fr parcels n which wnerccupied structures are lcated. In additin, the negtiatins by mail will nt be used n parcels invlving cmplex issues as determined by the R/W Manager. B. Offer Accepted r Cuntered 1) Initial Offer Accepted Once the initial ffer is accepted, the Agent will prepare a negtiatin package ( Negtiatin Package ) and submit it t the R/W Manager. The Negtiatin Package will include the fllwing: The frm f any prpsed titles t real estate, easements, releases fr encumbrances, r any ther interest in real estate that may be required Signed frm verifying scial security r tax identificatin number f Landwner(s) R/W exhibit(s) Request fr payment frm Acceptance f Offer frm signed by the Landwner and any Lienhlder (See Attachment 1) The Agent may have the transfer dcuments, permissins, and/r releases signed by the Landwner if the prperty is being granted gratis. Cpies f the signed dcuments will be submitted t the R/W Manager. The R/W Manager will recrd the signed dcuments with the apprpriate Register f Deeds, and will retain such dcuments fr transfer t SCDOT at a later date.

12 Page 11 f 24 2) Cunterffer On the majrity f acquisitins, the initial ffer is cuntered by the Landwner. The Agent will cnsider the Landwner s cunterffer. The Agent will discuss the cunterffer with the R/W Manager prir t the Agent making a best effrt t negtiate a settlement with the Landwner. If necessary and in the best interest f the Cunty, the Agent and the R/W Manager will discuss whether r nt t increase the ffer in rder t reach an Administrative Settlement with the Landwner. In supprt f a prpsed Administrative Settlement, the Landwner must prvide a legitimate reasn and/r dcumentatin fr the increase in the ffer amunt. The Administrative Settlement prcess is mnitred by SCDOT, and SCDOT must apprve the negtiated amunt abve the initial ffer. The Administrative Settlement authrity is subject t the authrity amunts established by the Richland Cunty Cuncil. Fllwing settlement with the Landwner, the R/W Manager will prepare dcumentatin fr the file nting the Administrative Settlement. The R/W manager, SCDOT designee, and Cunty Directr f Transprtatin r ther apprpriate Cunty representative must sign the dcumentatin. Once the cunterffer has been accepted by the Landwner, the Agent will submit a Negtiatin Package t the R/W Manager. V. FINALIZE NEGOTIATIONS Finalizing negtiatins is a tw step prcess. The first step is requesting issuance f a check in payment f the cmpensatin due t the Landwner, and the secnd step is the transfer f title frm the Landwner t the Cunty cncurrently with delivery f the check t the Landwner. A. Payment Prcess The R/W Manager will frward the Negtiatin Package t the Cunty Directr f Transprtatin r ther apprpriate Cunty representative requesting issuance f the required check made payable t the Landwner. Typically several payment frms will be bundled int ne request and submitted bimnthly t the Cunty designee fr prcessing. B. Transfer f Title At clsing f the transactin fr the prperty interest being acquired, the Agent will btain executin f dcuments by the Landwner cnveying t the Cunty fee simple title, easement(s), required releases fr encumbrances, r ther required prperty interests. Title will be cnveyed t the Cunty, free and clear f liens and encumbrances, except permitted encumbrances. Cncurrently with the executin f such dcuments, the Agent will deliver t the Landwner a check in the apprpriate amunt as cmpensatin fr the R/W acquisitin. Once the transactin has been clsed, the R/W Manager will recrd dcuments transferring prperty interests t the Cunty with the apprpriate Register f Deeds. The dcuments cnveying title shall be retained by the R/W Manager fr transfer t SCDOT at a later date. Upn cmpletin f cnstructin f the R/W prject by the cntractr and acceptance f cmpletin f cnstructin by SCDOT and Cunty, the R/W Manager will cnvey title t rights f way acquired fr the prject t the SCDOT, as required.

13 Page 12 f 24 VI. CONDEMNATION/EMINENT DOMAIN Cndemnatin actins and the exercise f the state s eminent dmain pwers are gverned by the Cnstitutin f the State f Suth Carlina, the Suth Carlina Eminent Dmain Prcedure Act, and applicable federal laws and regulatins. The Suth Carlina Eminent Dmain Prcedure Act sets frth the exclusive prcedures fr the exercise f eminent dmain pwer in this State. S.C. Cde Ann , 60, and 210. T the extent this plicy cnflicts with this Act, the Act cntrls. All pssible effrts within the Cunty s scpe f wrk will be made t avid cndemnatin actins. Where pssible, a minimum f tw (2) persnal cntacts, n less than three (3) verall cntacts, and additinal cntacts as needed will be made with the Landwner in a timely manner in an effrt t negtiate the purchase f the necessary right f way. Mst cndemnatins invlve the Landwner s disagreement with the just cmpensatin ffer. Prir t filing the cndemnatin actin, a senir Agent, the R/W Manager, and/r anther designated persn will cntact the Landwner persnally r by letter in an effrt t settle the case. The Landwner will be requested t prvide a value estimate f the prperty being acquired, alng with any supprting dcumentatin and data, fr cnsideratin f additinal cmpensatin. Infrmatin prvided by the Landwner will be reviewed by the R/W Manager, wh may slicit input frm the appraiser, review appraiser, negtiatr, engineer, r thers. If a higher ffer is determined t be justified, apprval will be requested frm SCDOT designated persnnel and Cunty Directr f Transprtatin r ther apprpriate Cunty representative. If a prblem may be slved by a change in the plans, the Engineer f Recrd and R/W Manager will be cnsulted t determine if there are any engineering slutins that will reslve the issues. Changes that d nt significantly cmprmise any ther aspect f the prject may be made where pssible. Befre cndemnatin actin is initiated n thse parcels with title prblems, 5 the Agent will make every effrt t clear title and avid cndemnatin. Mediatin may be cnsidered as an alternate slutin t cndemnatin actins n a case by case basis, if time allws. The Directr f Transprtatin r apprpriate Cunty representative and apprpriate SCDOT persnnel must apprve the use f the mediatin prcess. The Cunty will be respnsible fr the csts assciated with mediatin. In the event cndemnatin appears imminent, the R/W Manager will request apprval t initiate a cndemnatin actin frm SCDOT designated persnnel and Cunty Directr f Transprtatin r ther apprpriate Cunty representative. Bth SCDOT and Cunty Directr f Transprtatin r ther apprpriate Cunty representative must apprve initiatin f a cndemnatin actin. A list f parcels that appear t require cndemnatin ( Parcel List ) will be prvided t SCDOT designated persnnel and Cunty Directr f Transprtatin r ther apprpriate Cunty representative. The Parcel List will include the fllwing fr each parcel: Prject identificatin r name Landwner s cntact infrmatin, r cntact infrmatin fr Landwner s cunsel, if knwn r designated Tax map number R/W exhibits 5 Parcels with title prblems include, withut limitatin, prperty with defective title, cluds n the title, r ther issues that may render title unmarketable.

14 Page 13 f 24 Offer r cunterffer fr the new right f way Reasn fr mving frward with the cndemnatin request The Cunty Directr f Transprtatin r ther apprpriate Cunty representative will recmmend t SCDOT and Cunty Cuncil whether r nt cndemnatin actins shuld be initiated n sme r all f the prperties identified in the Parcel List. SCDOT and Cunty Cuncil must apprve all cndemnatin actins. Upn apprval frm SCDOT and Cunty Cuncil t initiate a cndemnatin actin, the R/W Manager will prepare an Acquisitin File fr each parcel t be cndemned. In additin t the infrmatin cntained in the Parcel List, the Acquisitin File will include: Cpy f the appraisal r cst estimate The title pinin A legal descriptin f the prperty being acquired as right f way The plan sheets shwing the prperty t be acquired The Negtiatin Recrd (see Sectin 1, Subsectin IV) Any infrmatin regarding Relcatin Assistance, if applicable The cntact infrmatin fr the Engineer the R/W Manager has designated t wrk with the attrneys in the preparatin and ptential trial f the cndemnatin case The R/W Manager will review the Acquisitin File fr verificatin f details regarding title, appraisal, appraisal review, negtiatin, and any ther pertinent crrespndence. After the review, the R/W Manager will transmit the Acquisitin File and ther necessary paperwrk t the Cunty s designated cndemnatin attrney. The R/W Manager will als prvide the cndemnatin attrney with a cmplete set f R/W cnstructin plans fr each prject where R/W acquisitin is ccurring by cndemnatin. The cndemnatin attrney may, but is nt required t, initiate additinal negtiatins with the Landwner t settle the matter befre filing the Cndemnatin Ntice with the apprpriate Clerk f Curt and initiating a cndemnatin actin. If the cndemnatin attrney cannt settle with the Landwner, r unless therwise instructed by the Cunty Directr f Transprtatin r ther apprpriate Cunty representative, the cndemnatin attrney will prceed with filing Ntice f Cndemnatin and initiating a cndemnatin actin. Nthing in this sectin, limits the ability f the cndemnatin attrney t attempt t settle the prperty after cmmencement f the cndemnatin actin and present prpsed settlement terms t SCDOT and the Cunty fr cnsideratin and apprval. Upn cnclusin f the cndemnatin actin, the cndemnatin attrney will send the recrded transfer dcuments cnveying title f the R/W acquisitin t the Cunty t the Directr f Transprtatin r ther apprpriate Cunty representative and the R/W Manager, with cpies ging t the Cunty legal ffice. The R/W Manager will retain such dcuments fr transfer t SCDOT at a later date. VII. RIGHT OF WAY CERTIFICATION Befre a prject can be advertised fr cnstructin bids, Cunty must prvide SCDOT, and t the Federal Highway Administratin ( FHWA ), if applicable, with certificatin that all necessary rights f way have been acquired fr the prject. Acquisitin may be by signed easement, executed title t real estate, r by filing f ntice and tender f payment with the Cunty Clerk f Curt. Shuld a cnditinal right f way certificate be submitted, a clear certificate shall be issued upn cmpletin f the acquisitin and/r relcatin as reflected within the cnditinal certificate and submitted t SCDOT, the Cunty, and FHWA. This prcedure is required fr right f way prjects

15 Page 14 f 24 utilizing state and federal funds including prjects utilizing present right f way, Lcal Public Agency (LPA) Prjects, etc. Prir t prviding a right f way certificatin t SCDOT, the R/W Manager will perfrm quality cntrl/quality assurance (QC/QA) in rder t verify that all rights f way have been acquired. Fllwing the QC/QA Prcess, The R/W Manager will prvide SCDOT, the Cunty and, if applicable, t FHWA, a Right f Way Certificatin fr the prject verifying that all necessary rights f way have been acquired and the prject is ready fr cnstructin. Right f Way Certificatin must be apprved by SCDOT befre a prject can be advertised fr cnstructin bids. VIII. RECORDS During the curse f the prject, the R/W Manager will maintain files and a cmprehensive spreadsheet listing f each parcel secured fr a prject. At the cmpletin f a prject, SCDOT and the Cunty will be prvided with a set f files and Final Right f Way plans anntated t shw the date and manner f acquisitin f each parcel. Once a prject has been cmpleted, and apprval f final inspectin by SCDOT and/r the Cunty has been cmpleted, the R/W Manager will prepare a title t real estate listing each parcel f land that was secured fr the prject riginally in the Cunty s name in rder t cnvey the necessary right f way back t the SCDOT. Once apprpriate signatures have been btained, the R/W Manager will have the title t real estate and R/W exhibit recrded in the Richland Cunty Register f Deeds ffice after which the title t real estate alng with a set f the final prject plans and cmprehensive spreadsheet will be delivered t the SCDOT. Cunty will retain recrds f R/W acquisitins as apprpriate.

16 Page 15 f 24

17 SECTION 2: RICHLAND COUNTY PROJECTS RICHLAND COUNTY RIGHT OF WAY POLICY Page 16 f 24 This sectin cvers all prjects wned by Richland Cunty ( Cunty ) and fr which funds frm SCDOT r FHWA will nt be utilized. This sectin cvers activities including frm receipt f the signed Final Right f Way Plans and Ntice t Prceed fr the acquisitin prcess t securing and certifying right f way fr Cunty wned and Cunty managed prjects. During the develpment f a greenway 6 prject, the Engineer f Recrd, R/W Manager, and Cunty Directr f Transprtatin r ther apprpriate Cunty representative will meet with the Landwner t determine the ptential alignment f the greenway n their prperty. These discussins may be nging until the prject is ready fr cnstructin. The right f way dcumentatin fr a greenway prject will fllw the prcedures in this sectin. These prcedures will be used by the R/W Manager in the acquisitin f rights f way by the Cunty. The prcedures fllw the Suth Carlina Eminent Dmain Prcedures Act. The R/W Manager will use Cunty standard frms and dcuments t the extent practicable. I. PREPARATION FOR ACQUISITION PROCEDURES A. Right f Way Plan Review The Right f Way Manager ( R/W Manager ) and Cunty Directr f Transprtatin r ther apprpriate Cunty representative will physically visit and analyze the prject t determine the fllwing: (1) Relcatin f Landwners Displaced by the Prject (2) Acquisitin/Negtiatin (3) Appraisal standard The review and analysis will include a thrugh discussin n the varius aspects and implicatins f the selected rute n Right f Way ( R/W ) acquisitins, including, but nt limited t any damages r diminutin in value t the prperty remainder, csts t cure damages, benefits t the prperty, specialty appraisal requirements (signs, fixtures, equipment, etc.), if applicable. After the review has been cncluded, a meeting will be held with the Engineer f Recrd t present any recmmended changes t the plans that wuld aid in the R/W acquisitin prcess, yet nt significantly cmprmise any ther aspect f the prject. Upn receipt f the final right f way plans, the R/W Manager will prvide a final review t determine permissin nly parcels, acquisitin parcels with and withut permissins, and relcatin parcels (if applicable). R/W parcels will be acquired in fee simple except where Cunty may direct the acquisitin f a R/W easement, in lieu f fee simple title, with respect t any prtin f the R/W. 6 A greenway is generally a multi use pathway fr nn mtrized transprtatin alng natural and manmade linear spaces such as rail and highway rights f way, river crridrs, waterfrnt spaces, parklands, r city streets.

18 Page 17 f 24 B. Agent Assignments The R/W Manager will assign parcels t Agents based n experience and parcel cmplexity. Agents will familiarize themselves with the plans and will draft preliminary Landwner cntact letters. The Agent will nt deliver the cntact letter r therwise cmmunicate with the Landwner until receipt f the title pinin. C. Request Title Opinins Final R/W plans will be sent by the R/W Manager t the title attrney. The title attrney will examine title as directed by the R/W Manager. The R/W Manager s directins will be based n parcel cmplexity, subject t the minimum requirements set frth in Sectin 2, Subsectin II (Title Investigatins/Opinins) f this Plicy. D. R/W Exhibit The R/W exhibit(s) is prepared fr each parcel and fllws the criteria established by SCDOT in the Instructinal Guide fr Rights f Way Exhibits. The exhibit is presented n 8.5 x 14 legal size paper and cntains the fllwing, but nt limited t: Hrizntal alignment Prperty Lines Present R/W New R/W Area f btain highlighted Parcel (Tract) N. New radway design Existing radway tpgraphy The exhibit will be finalized, based n the Agent s negtiatins, and submitted t the R/W Manager and Agent fr inclusin int the final R/W package. II. TITLE INVESTIGATIONS/OPINIONS The title attrney will prvide a 40 year title investigatin in rder t establish prperty wnership prir t cntacting any Landwners, as defined by the Suth Carlina Eminent Dmain Prcedure Act, S.C. Cde Ann (12). The title search will cnfrm t stated requirements and will cnsist f a thrugh search f the tax assessr s recrds, deed recrds, Prbate recrds, and ther pertinent surces in rder t determine the current wnership f each parcel. The title pinin will include, but nt be limited t: Current Landwner Prperty tax infrmatin Mrtgage(s) f recrd Miscellaneus liens (state, federal, etc.) Landwner deed(s) and plat(s) Easements f recrd The title pinin will list all Landwners. Title pinins are effective fr a perid f 90 days. Shuld title pinins exceed 90 days prir t the actual acquisitin, cnclusin r cndemnatin f a parcel, the title attrney, at the request f the R/W Manager, will prvide an updated title pinin. The updated title pinin, als effective fr a perid f 90 days, will include any new infrmatin regarding mrtgage(s) f recrd and miscellaneus liens.

19 Page 18 f 24 Upn receipt f the title pinin, the R/W Manager will review the title pinin, and if clarificatin is needed n any items, the R/W Manager will discuss these items with the title attrney. The title attrney will prvide a revised title pinin as needed. Prir t filing a cndemnatin ntice with the Curt, utside cunsel has the discretin t update the title pinin as needed. III. PRELIMINARY CONTACT WITH LANDOWNER Agents will begin cntacting Landwners as sn as pssible after receipt f the title pinin frm the R/W Manager. Agents will initiate the negtiatin prcess by mailing a preliminary cntact letter t the Landwner. This will allw the Landwner t schedule a meeting with the Agent at the Landwner s cnvenience. The Agent will include the fllwing with the letter: Brief R/W prject descriptin Cpy f the R/W plan sheets, highlighting the prpsed acquisitin n the Landwner s prperty Agent cntact infrmatin During the preliminary cntact, the Agent will meet with the Landwner nsite, when reasnably pssible, t discuss: Title infrmatin Prperty lines Prpsed imprvements R/W acquisitin R/W appraisal prcess, if utilized Relcatin prcess and assistance, if applicable If permissins are required fr the parcel, the Agent will btain a signed permissin frm during the preliminary cntact. If the Landwner is nt willing t grant a specific permissin, it may be necessary t cnvert the permissin(s) t R/W. During the preliminary cntact with the Landwner, if it is apparent that the Landwner des nt understand hw the new R/W acquisitin will affect the prperty, it may be necessary t have the present and new R/W limits staked prir t the Agent meeting with the Landwner again. Under such circumstances, the Agent may recmmend R/W staking fr the specific parcel t the R/W Manager, and the R/W Manager may crdinate the R/W staking with the surveyr. If the Cunty prefers, the present and new R/W limits fr the entire prject may be staked prir t the Agents making preliminary cntact with Landwners. This may be necessary n cntrversial prjects, r if during the public invlvement prcess, multiple R/W questins are submitted. IV. NEGOTIATIONS In the majrity f the Cunty s acquisitins, the necessary right f way is btained gratis ; hwever, Cunty, at its discretin, may utilize the appraisal prcess and appraisal review prcess, as necessary t settle with a Landwner prir t recmmending cndemnatin. The negtiatins with the Landwner will adhere t applicable laws and regulatins. As such, the R/W Manager will maintain recrd f negtiatins n a parcel by parcel basis. The recrd will be kept in a permanent frm and cmpleted within a reasnable time after each cntact with the

20 Page 19 f 24 prperty wner. The recrd shall be signed and dated by the assigned Agent and transmitted t the R/W Manager. The negtiatin recrd will include: Crrespndence between the Agent and Landwner Crrespndence between the R/W Manager, Cunty persnnel invlved in R/W acquisitins, Engineer f Recrd, and thers Title Opinin Initial ffer and cunterffer(s) (if any) based n apprved Signed title t real estate r Letter Recmmending Cndemnatin When permitted by Cunty, negtiatins by mail may be used n specific parcels where it appears feasible t d s. A packet cntaining infrmatin pertinent t the particular parcel will be mailed t the Landwner by certified mail. The letter will cntain the address and phne number f the Agent and will advise the wner that the Agent will answer any questins and/r set up an appintment t discuss matters at a specific time. Prviding specific infrmatin t the Landwner in advance f the meeting with the agent allws the Landwner time t review the ffer and the effects f the acquisitin n the prperty, and therefre, be better prepared t discuss the acquisitin with the Agent. Due t the cmplexities f the relcatin assistance prgram, negtiatins by mail will nt be used fr parcels n which wner ccupied structures are lcated. In additin, the negtiatins by mail will nt be used n ther parcels invlving cmplex issues as determined by the R/W Manager. When an appraisal is requested, at Richland Cunty s discretin r if the Cunty designee is recmmending an appraisal prir t cndemnatin, Agents, fllwing the preliminary cntact with the Landwner, will: A. Make Offer The majrity f ffers will usually be made and negtiated in persn between the Agent and Landwner. The fllwing describes the prcess: All ffers will be made subject t the apprval authrity established by Cunty Cuncil. Cunty Cuncil may revise, alter, r amend this apprval authrity frm time t time at its sle discretin. The Cunty Directr f Transprtatin r ther apprpriate Cunty representative will review prpsed settlements. If necessary, due t the established apprval authrity, the Cunty Directr f Transprtatin r ther apprpriate Cunty representative must seek and secure additinal apprval t settle the matter. Offer Prcess: 1) Appraisals In the event an appraisal is necessary, the R/W Manager will request an appraiser frm the Directr f Transprtatin r ther apprpriate Cunty representative t perfrm a specific appraisal. The appraiser shuld be selected frm the Cunty s apprved list f appraisers. Each appraisal will cmply with the requirements f Richland Cunty s plicies and prcedures and Unifrm Standards f Prfessinal Appraisal Practices ( USPAP ). The

21 Page 20 f 24 Cunty may use an utside appraiser if the appraiser is listed n the Cunty s apprved list f appraisers. 2) Review Appraisals, if utilized If the apprpriate review is perfrmed, it will cmply with the requirements f the Cunty s plicies and prcedures and USPAP. The reviewer will check each appraisal fr cmpliance with applicable Cunty and USPAP requirements and apprpriate items f cmpensatin and will verify the appraisal des nt cntain arbitrary r speculative adjustments. The accuracy f mathematics, reasning and lgic, and verall supprt fr the value cnclusin will be reviewed thrughly. The reviewer will prvide the R/W Manager and Cunty designated persnnel a Review Appraisal Reprt, and Appraisal Review Summary, and a recmmended just cmpensatin ffer fr the prperty t be acquired. The dcuments will cmply with applicable regulatins. Upn acceptance f the appraisal, the apprpriate Cunty authrity will set just cmpensatin. Fr purpses f quality assurance, the R/W Manager may review the appraisals, appraisal reviews, and ther infrmatin prvided by the appraiser and reviewer n a randm basis. B. Offer Accepted r Cuntered 1) Initial Offer Accepted Once an initial ffer is accepted, the Agent will prepare a negtiatin package ( Negtiatin Package ) and submit it t the R/W Manager. The Negtiatin Package will include the fllwing: The frm f any prpsed titles t real estate, easements, releases fr encumbrances, r any ther interest in real estate that may be required Signed frm verifying scial security r tax identificatin number f Landwner(s) R/W exhibit(s) Request fr payment frm Acceptance f Offer frm signed by the Landwner and any Lienhlders (see Attachment 1) The Agent may have the transfer dcuments, permissins, and/r releases signed by the Landwner if the prperty is being granted gratis. Cpies f the signed dcuments will be submitted t the R/W Manager. The R/W Manager will recrd the signed dcuments with the apprpriate Register f Deeds, and will retain such dcuments fr transfer t anther entity, if required, at a later date. Fr example, greenway prperty may be transferred t an entity which has accepted the permanent maintenance bligatin fr that prperty. 2) Offer Cuntered If the initial ffer is cuntered by the Landwner, the Agent will listen t the Landwner s cunterffer. The cunterffer will be discussed with the R/W Manager and the Cunty Directr f Transprtatin r ther apprpriate Cunty representative prir t the Agent making a best effrt t negtiate a settlement with the Landwner. If necessary and in the best interest f the Cunty, the Agent and the R/W Manager will discuss whether r nt t increase the ffer in rder t reach a settlement with the Landwner. The Landwner must prvide a legitimate reasn and/r dcumentatin fr the increase in the ffer amunt.

22 Page 21 f 24 Fllwing settlement with the Landwner, the R/W Manager will prepare dcumentatin fr the file nting the revised ffer. The dcumentatin must be signed by the R/W Manager and Cunty Directr f Transprtatin r ther apprpriate Cunty representative. Once the cunterffer has been accepted with the Landwner, the Agent will submit a Negtiatin Package t the R/W Manager. V. FINALIZE NEGOTIATIONS Generally, the Cunty will nly acquire rights f way gratis frm the Landwner. Hwever, if the Cunty agrees t cmpensate the Landwner fr the new R/W, then Cunty will fllw bth prcesses listed belw: A. Payment Prcess, if required fr requested appraised prperties The R/W Manager will frward the final Negtiatin Package, as set frth in Sectin 2, Subsectin IV.B (Offer Accepted r Cuntered) t the Cunty Directr f Transprtatin r ther apprpriate Cunty representative requesting payment t the Landwner. Upn parcel settlement apprval, the R/W Manager will submit the finalized request t the Cunty Directr f Transprtatin r ther apprpriate Cunty representative fr payment. Typically several payment frms will be bundled int ne request and submitted bi mnthly t the Cunty designee fr prcessing. B. Transfer f Title The Agent will btain executin f dcuments cnveying title t the Cunty. The Agent will deliver t the Landwner a check in the apprpriate amunt as cmpensatin fr the R/W acquisitin. The R/W Manager will recrd such dcuments with the apprpriate Register f Deeds, and deliver executed and cpies f recrded dcuments t the Cunty legal ffice. Title will be cnveyed t the Cunty, free and clear f liens and encumbrances, except permitted encumbrances. Upn cmpletin f cnstructin f the R/W prject by the cntractr and acceptance f cmpletin f cnstructin by Cunty Cuncil, the R/W Manager will cnvey title f rights f way frm the Cunty t anther entity, if required. VI. CONDEMNATION/EMINENT DOMAIN Cndemnatin actins and the exercise f the state s eminent dmain pwers are gverned by the Cnstitutin f the State f Suth Carlina, the Suth Carlina Eminent Dmain Prcedure Act, and applicable federal laws and regulatins. The Suth Carlina Eminent Dmain Prcedure Act sets frth the exclusive prcedures fr the exercise f eminent dmain pwer in this State. S.C. Cde Ann , 60, and 210. T the extent this plicy cnflicts with this Act, the Act cntrls. All pssible effrt within the Cunty s scpe f wrk will be made t avid cndemnatin. Where pssible, a minimum f tw (2) persnal cntacts, n less than three (3) verall cntacts, and additinal cntacts as needed will be made with the Landwner in a timely manner in an effrt t negtiate the acquisitin f the necessary right f way. If a prblem may be slved by a change in the plans, the Engineer f Recrd and Right f Way Manager will be cnsulted t determine if there are any engineering slutins that will reslve the

23 Page 22 f 24 issues. Changes that d nt significantly cmprmise any ther aspect f the prject may be made where pssible. Befre cndemnatin is initiated n thse parcels with title prblems, the Agent will make every effrt t clear title and avid cndemnatin. Mediatin may be cnsidered as an alternate slutin t cndemnatin actins n a case by case basis, if time allws. The Directr f Transprtatin r ther apprpriate Cunty representative must apprve the use f the mediatin prcess. The Cunty will be respnsible fr the csts assciated with mediatin. In the event cndemnatin appears imminent, the R/W Manager will request apprval t initiate a cndemnatin actin frm the Cunty s Representative, Directr f Transprtatin r ther apprpriate Cunty representative, r Deputy Directr f Transprtatin r ther apprpriate Cunty representative, as necessary. A list will be prvided fr Cunty Cuncil s apprval identifying parcels fr cndemnatin ( Parcel List ). The fllwing infrmatin will be prvided fr each parcel n the Parcel List: Prject identificatin r name Parcel number Landwner s cntact infrmatin, r cntact infrmatin fr Landwner s cunsel, if knwn r designated Tax map number R/W exhibits Offer r cunterffer fr the new right f way Amunt f the right f way needed fr the prject Reasn fr mving frward with the cndemnatin request Upn Cunty Cuncil s apprval t initiate a cndemnatin actin, the R/W Manager will prepare an Acquisitin File fr each parcel t be cndemned. In additin t the infrmatin cntained in the Parcel List, the Acquisitin File will include: Cpy f the appraisal r cst estimate The title pinin A legal descriptin f the prperty being acquired as right f way The plan sheets shwing the prperty t be acquired The Negtiatin Recrd (see Sectin 2, Subsectin IV) Any infrmatin regarding Relcatin Assistance, if applicable The cntact infrmatin fr the Engineer the R/W Manager has designated t wrk with the attrneys in the preparatin and ptential trial f the cndemnatin case The R/W Manager will review the Acquisitin File fr verificatin f details regarding title, appraisal, appraisal review, negtiatin, and any ther pertinent crrespndence. After the review, the R/W Manager will transmit the Acquisitin File and ther necessary paperwrk t the Cunty s designated cndemnatin attrney. The R/W Manager will als prvide the cndemnatin attrney with a cmplete set f R/W cnstructin plans fr each prject where R/W acquisitin is ccurring by cndemnatin. The cndemnatin attrney may, but is nt required t, initiate additinal negtiatins with the Landwner t settle the matter befre filing the Cndemnatin Ntice with the apprpriate Clerk f Curt and initiating a cndemnatin actin.

24 Page 23 f 24 If the cndemnatin attrney cannt settle with the Landwner, r unless therwise instructed by the Cunty Directr f Transprtatin r ther apprpriate Cunty representative, the cndemnatin attrney will prceed with filing Ntice f Cndemnatin and initiating a cndemnatin actin. Nthing in this sectin limits the ability f the cndemnatin attrney t attempt t settle the prperty after cmmencement f the cndemnatin actin and present prpsed settlement terms t the Cunty fr cnsideratin and apprval. Upn cnclusin f the cndemnatin actin, the cndemnatin attrney will send the recrded transfer dcuments cnveying title f the R/W acquisitin t the Cunty t the Directr f Transprtatin r ther apprpriate Cunty representative and the R/W Manager, with cpies ging t the Cunty legal ffice. The R/W Manager will retain such dcuments fr transfer t anther entity, if required, at later date. VII. RIGHT OF WAY CERTIFICATION Befre a cnstructin prject can be advertised fr cnstructin bids, the R/W Manager must prvide the Cunty Directr f Transprtatin r ther apprpriate Cunty representative with certificatin that all rights f way have been acquired fr the prject. Acquisitin may be by signed easement, signed permissin, executed title t prperty, r by filing f Cndemnatin Ntice and tender f payment with the Cunty Clerk f Curt. Prir t prviding a R/W certificatin, the R/W Manger will perfrm quality cntrl/quality assurance (QC/QA) in rder t verify that all rights f way have been acquired. Fllwing the QC/QA prcess, the R/W Manager will prvide the Cunty a R/W Certificatin n the prject prir t advertising the prject fr cnstructin. The Cunty must apprve the certificatin befre the prject may be advertised fr cnstructin bids. VIII. RECORDS During the curse f the prject, the R/W Manager will maintain files and a cmprehensive spreadsheet listing f each parcel secured fr a prject. At the cmpletin f a prject, the Cunty will be prvided with a set f files and Final R/W plans anntated t shw the date and manner f acquisitin f each parcel. If after cmpletin f the prject the easements r titles t prperties acquired fr a prject are t be transferred t an entity ther than Richland Cunty, the R/W Manager will prepare the necessary transfer dcuments and btain the required signatures. After the apprpriate signatures have been btained, the R/W Manager will have the title t real estate and R/W exhibit recrded in the Richland Cunty Register f Deeds ffice after which the title t real estate, alng with a set f the prject plans, will be delivered t the apprpriate entity. Cunty will retain recrds f R/W acquisitins as apprpriate.

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