NCHRP Improved Right-of-Way Procedures and Business Practices. Cesar Quiroga Texas Transportation Institute Texas A&M University System

NCHRP 20-84 Improved Right-of-Way Procedures and Business Practices Cesar Quiroga Texas Transportation Institute Texas A&M University System

Research Objectives Develop improved right-of-way procedures and business practices for the project development and delivery process Compare a reference right-of-way business model in compliance with the Uniform Act (as codified in 42 USC 4601 et seq.) and an improved model based on an objective analysis of key business process elements Develop best practices for management 2

Phase I: Research Tasks 1. Review Project Development and Delivery Practices 2. Analyze Existing Right-of-Way Development and Delivery 3. Prepare Phase I Interim Report Phase II: 4. Analyze Key Project Development and Delivery Activities 5. Develop Integrated Right-of-Way and Project Development and Delivery Model 6. Develop Best Practices for Property Management 7. Prepare and Conduct Peer Exchange 8. Develop Training Materials 9. Prepare Preliminary Draft Final Report 10. Prepare Draft Final Report 3

Key Milestones Item Original Mod. 1 Mod. 2 Initial research need statement 2008-2009 Request for proposals 11/2009 Authorization to begin Phase I 06/2010 Plan and conduct survey 11/2010 03/2011 Submit Phase I report 12/2010 05/2011 Conduct panel meeting 01/2011 11/2011 Authorization to begin Phase II 02/2011 04/2012 Finalize integrated PDP model 01/2012 03/2013 Conduct peer exchange 10/2011 12/2012 Submit draft final report 03/2012 05/2013 NCHRP review and approval 05/2012 07/2013 Submit final report 06/2012 08/2013

Research Team NCHRP 20-84 Panel John Garner (Chair) Former FDOT John Campbell TxDOT Gerald Gallinger John Michael Jones MSHA Lyle McMillan UDOT James Thiel WisDOT Kenneth Towcimak Consultant Mark Weaver Caltrans Kathy Facer FHWA Liaison Kimberly Fisher TRB Liaison James McDaniel TRB Liaison David Reynaud NCHRP Staff Researchers Cesar Quiroga (PI) TTI Stuart Anderson TTI Edgar Kraus TTI Paul Krugler TTI John Overman TTI Lisa Harrison Pinnacle Alex Souder Pinnacle Aaron Adkins Pinnacle Robert Cooney evision Robert Neblett J. Walker Brad Anderson J. Walker 5

Phase I Activities Review practices on state project development and delivery workflow processes Analyze a typical right-of-way development and delivery model in compliance with the Uniform Act (without constraints from regulations) Conduct online survey and interviews

Information Gathered State DOT organization chart: 45 states Right-of-way division org. chart: 8 states PDP manual (or equivalent): 37 states PDP diagram: 35 states Right-of-way process diagram: 16 states Right-of-way manual: 42 states Utility manual: 32 states

Typical PDP Level 1 Diagram 11

Typical PDP Level 2 Diagram Planning and Programming Preliminary Design Detailed Design Letting Construction Post Construction Scoping, Selection, Financing, and Scheduling Develop transportation plans Identify project need and scope Identify project requirements and conduct studies Prepare cost estimate and identify funding sources Authorize project development Secure federal, state, and local agreements Alternative Analysis and Preliminary Plans Examples include metropolitan and rural transportation plans, statewide transportation plan, unified transportation program, and transportation improvement plan. Examples include feasibility study, major investment study, planning and environment linkages (PEL) study, traffic study, and identification of project features such as toll lanes, HOV lanes, and railroad corridor preservation Conduct Conceptual Design Meeting Collect data for preliminary design Obtain permission to enter Examples include additional traffic data, existing utilities, aerial photography, topographic surveys, and other surveys Develop alternative alignments (preliminary schematics) Select preferred alternative and develop geometric schematic Circulate, review, and revise geometric schematic Obtain approval for final geometric schematic Prepare Draft Environmental Documentation Environmental Process Provide input to planning and programming Includes Initial Site Assessment Identify public and Conduct early environmental interagency concerns coordination Includes identification of potential displacees Evaluate natural and cultural resource impacts Evaluate socioeconomic impacts Evaluate noise impacts Evaluate hazardous materials Conduct air quality analysis Prepare draft environmental document Develop final environmental document Obtain environmental clearance Meet environmental commitments after clearance Including handling contamination according to existing laws and regulations and coordination during right-of-way acquisition Conduct environmental re-evaluation Conduct public meetings (including one or more required public hearings) Right-of-Way Map, Authorization to Acquire Property, Property Acquisition, and Relocation Assistance Acquisition Relocation Assistance Advisory Provide input to planning and programming Conduct preliminary right-of-way research Coordinate with other stakeholders in relation to engineering, potential relocation, and hazmat issues Prepare right-ofway map and descriptions Obtain authorization to acquire Prepare and execute joint-use and multiple-use agreements Conduct appraisal Establish just compensation Prepare written offer Acquire by negotiation Acquire by condemnation Require owner to surrender possession Determine relocation assistance eligibility Prepare right-ofway certification Provide relocation assistance advisory (residential) Provide relocation assistance advisory (non-residential) Issue relocation payments (residential) Issue relocation payments (non-residential) Property Management Notes: Property management activities are arranged for presentation purposes only. They do not indicate specific duration or an ordered sequence. Some activities are not part of the project development and delivery process. They are shown here for completeness because they are normally included in the management function at state DOTs. Dispose improvements Lease real assets Inventory and manage assets Dispose surplus right-ofway interests Dispose surplus non rightof-way interests Utility Conflict Analysis, Permits, Relocation, and Reimbursement Provide input to planning and programming Conduct preliminary utility investigations Survey visible utility appurtenances and assess impact Conduct detailed utility investigations Prepare and execute utility agreements Coordinate utility relocation design with utility owners Prepare utility certification Monitor utility relocations and reimburse utility owners Design and PS&E Assembly Conduct design meeting Conduct design analyses Develop final horizontal and Conduct detailed design vertical alignments Conduct 30%, 60%, and 90% design meetings Prepare PS&E package Conduct final design and initial construction coordination meetings Letting Let project Construction Conduct preconstruction meeting Build and deliver project

Typical PDP Level 1 Diagram 14

Project Duration (GAO Report) Planning: 4-5 years Preliminary design and environmental review: 1-5 years Final design and right-of-way acquisition: 2-3 years Construction: 2-6 years Total: 9-19 years

Project Duration (AASHTO Report) Planning: 2-3 years Environmental process: 4-6 years Detailed design: 2-3 years Right-of-way acquisition and utility relocation: 1-2 years Construction: 2-3 years Total: 10-15 years

Project Duration (Florida DOT) Appraisal 6-10 months Negotiation 6-8 months Relocation 0-9 months Order of Taking Property Management Condemnation 1-4 months 0-2+ years Construction Begins 0 2 4 6 8 10 12 14 16 18 20 22

Project Duration (Minnesota DOT) 100% Construction Limits Titles R/W Base Map from Surveys Field Titles R/W Package ACOTs attorneys condition of title Plats and Descriptions Contracts for Fee Appraisers Appraisals ( Fee ) D.P. Offers by Mail (Direct Purchase) Condemnation Request for Authorization from FHWA/ PIF / T & P (Public interest finding letter) Project Letting Date -6-4 -2 0 2 4 6 8 10 12 14 16 MONTHS 18

Project Duration (NC DOT)

Project Duration (Texas DOT) ROW release to possession: 18 months Standard deviation/range: 16/69 months Initial appraisal to possession: 11 months Standard deviation/range: 13/59 months Factors: Total number of parcels in a project District right-of-way staff size Project complexity

ROW Process According to the Uniform Act (USC 4601 et seq) Analyze each URA provision Subchapter I (General Provisions) Subchapter II (Uniform Relocation Assistance) Subchapter III (Uniform Real Property Acquisition Policy) Map each provision to the PDP Functional areas and interdependencies

Typical PDP Level 1 Diagram 24

Starting point not included in the Uniform Act. The following is assumed as the starting point for formal real acquisition activities: (a) Authorization to acquire has been received. (b) Right-of-way map and other related documents have been prepared. (c) Environmental document has been prepared and approved, except under certain conditions. 710.305, 710.501, 710.503, 710.505 See relocation eligibility determination lane below for other permanent displacement activities (e.g., rehabilitation and demolition) that can trigger a process starting point ( 4601(6)). 24.205(a) Early Relocation Planning 4625(a) Conduct early planning to anticipate displacements and associated problems 4625(a) Provide for the resolution of problems to minimize adverse impacts on displaced persons and expedite project completion 4625 Relocation assistance advisory includes measures, facilities, or services as needed or appropriate A permanent displacement activity (e.g., rehabilitation and demolition) under a program or project undertaken by a Federal agency or with federal financial assistance ( 4601(6)(A)). See valuation planning lane above for right-of-way acquisition activities that can trigger a process starting point. 24.102(c) 4651(2) Exercise option to apply procedure to determine if has an anticipated low fair market value 24.102(b), 24.203(d) 4601(6)(A) Provide written notice of intent to acquire 24.102(c)(1) 4651(2) Invite owner to accompany appraiser during inspection Not mandatory according to the Uniform Act ( 4651(2), 4651(10)). Anticipated low fair market value 24.102(c)(2)(i), 24.108, 710.505(a) Either sales Not anticipated or donations. low fair market value Keep appraisals for uneconomic remnants separate from required. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants). 24.102(c)(1) 4651(2) Inspect Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease The Uniform Act does not define what notice of intent to acquire is. The notice could be the offer itself or a different document. It Includes statement of right to receive just compensation for such. Conduct appraisal 24.103(b) 4651(3) Develop appraisal of the fair market value of the. Disregard decrease or increase in the fair market value of the caused by the project (or the likelihood the would be acquired for the project). 24.102(k) 4651(9) Include uneconomic remnants in real appraisal 24.105(a) 4652(a) Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected 24.105(c) 4652(b)(1) For buildings, structures, or other improvements, select larger of: (a) Contribution to fair market value of to be acquired (b) Fair market value for removal from the real 4651(3) Develop approved appraisal of the fair market value of the 24.105(a) applies exclusively to the acquisition of tenantowned improvements. 24.105(c) includes a reference to salvage value in the case of tenantowned improvements, which is not mentioned in the Uniform Act. 24.102(d), 710.201(j) 4651 (3) Establish just Compensation 24.102(e)(1) Must be for the full amount of just compensation as established by the agency (and summary of basis for just compensation). Where appropriate, list just compensation for acquired and damages for remaining real separately. Not less than the agency s approved appraisal of the fair market value of the 24.102(d) 4651(3) Prepare written offer 24.105(d)(1) to (3) Offer must not result in duplication of payments. No such payment is made unless the landowner disclaims all interest in the improvements of the tenant. Tenant must assign, transfer, and release right, title, and interest. Tenant has a right to reject payment under this section and seek payment under other applicable laws. 24.102(h), 710.313(b) Do not take any coercive action (such as advancing the time of condemnation, delaying negotiations or condemnation, or delaying depositing funds in court) in order to compel an agreement on the price to be paid for the. Make written offer 24.102(d) 4651(3) Make prompt written offer to owner to acquire the 24.102(k) 4651(9) Include offer to acquire uneconomic remnants 24.102(e)(3), 24.105 4652 Make offer to tenant for tenant-owned improvements 24.102(i), 24.108, 710.505(a) The Uniform Act mentions donations ( 4651(2), 4651(10)). It does not mention other options such as administrative settlements or alternate dispute resolutions. These options are included in the diagram for completeness and illustration purposes. Requires informing owner of the right to receive just compensation ( 4651(10)) 24.108, 710.505(a) 24.102(a), 24.102(f) Donation 4651(1) 4651(7) Negotiation Offer Conduct is accepted negotiations successful Negotiation 24.102(i), 710.105(b) not successful Administrative settlement Alternate dispute resolution Conditional event if owner finds it necessary to institute legal proceedings to prove the fact of the taking of the real. No alternate dispute resolution or alternate dispute resolution was 24.102(l) not successful 4651(8) Conduct condemnation proceedings Or agency abandons proceedings Owner sues agency 4651 Acquisition by agreement with owner Acquisition by Condemnation Proceedings Agency cannot acquire by condemnation 24.102(l) 4651(8) Inverse condemnation proceedings Agency can acquire by condemnation Pay to owner agreed purchase price to acquire Deposit funds in court in accordance with 40 USC 3114(a) to (d) 24.107 4654(a) 4654(b) Pay reasonable attorney, appraisal, and engineering fees to owner 49 CFR 24 and 23 CFR 710 mention donations and administrative settlements but not alternate dispute resolutions. 24.102(j) 24.106 Judgment outcome 24.107 4654(a), 4654(b) Pay reasonable attorney, appraisal, and engineering fees to owner (if court renders a judgment for the plaintiff) 4653 Reimburse owner for reasonable title transfer expenses 24.102(j) 24.106 4653 Reimburse owner for reasonable title transfer expenses Includes: (a) Recording fees, transfer taxes, and other similar expenses (b) Penalty costs for prepayment of preexisting mortgage (c) Pro rata portion of real taxes Includes: (a) Recording fees, transfer taxes, and other similar expenses (b) Penalty costs for prepayment of preexisting mortgage (c) Pro rata portion of real taxes Amount not less than the agency s approved appraisal of the fair market value or the amount of the award of compensation in the condemnation proceedings Not occupied Occupied A displaced person is any person who moves from real or moves his/her personal from real in connection with the acquisition of right-of-way or in connection with rehabilitation, demolition, or other permanent displacing activities undertaken by a federal agency or with federal financial assistance. The Uniform Act includes provisions for determining whether a person can be classified as a displaced person ( 4601(6)). 24.102(j) Require owner to surrender possession Decision to rent acquired Rent to original owner or tenant Rent to others Do not rent Do not rent Decision to rent acquired Rent 24.102(j) Require owner to surrender possession 24.102(m), 710.403(d) 4651(6) Rent acquired 24.102(m) If leased to original owner or tenant, the lease amount cannot exceed the fair rental value of the. 24.102(j) Require owner to surrender possession 24.205(e) 4625(f) Eligible for advisory assistance services to the extent established by the displacing agency If lease is on a short-term basis or for a period subject to termination on short notice. Does not occupy adjacent 24.205(c)(1) No substantial economic injury 4625(b) Occupies Substantial Advisory services adjacent economic available at the injury discretion of the 24.205(c)(1) 24.205(c)(1) acquiring agency Not a displaced 4625(b) 4625(b) 24.2(a)(9) person 24.208 4601(6) 4605 4605 Apply procedure to 24.208 Eligible for Displaced determine whether Lawfully present relocation person person is a in the U.S. assistance advisory displaced person services Not lawfully Exceptional and present in extremely unusual The process must be nondiscriminating against any the U.S. hardship displaced person. Not eligible for assistance The Uniform Act does not explain the To an individual who is the displaced process to require persons to move if they person s spouse, parent, or child are not eligible for assistance because and who is a U.S. citizen or they are not lawfully present in the U.S. permanent resident in the U.S. 24.2(6)(6) The Uniform Act ( 4601(10) defines a comparable to be any that is: (a) decent, safe, and sanitary; (b) adequate in size to accommodate the occupants; (c) within the financial means of the displaced person; (d) functionally equivalent; (e) in an area not subject to unreasonable adverse environmental conditions; and (f) in a location generally not less desirable than the location of the displaced person s with respect to public utilities, facilities, services, and the displaced person s place of employment. No major disaster or emergency 24.203(c)(4), 24.204(b), Major disaster or 24.204(b) emergency 4625(c)(3) Require person to move immediately from Available to All Displaced Persons Who Are Eligible for Advisory Services 24.205(c)(2)(i), 24.205(c)(2)(ii) 24.205(c)(2)(v) 24.205(c)(2)(iv) 4625(c)(1) 4625(c)(5) 4625(c)(6) Determine and Supply information Provide other make timely about other federal services in order to recommendations and state programs minimize hardships on needs and and provide to displaced preferences of assistance in persons in adjusting displaced persons applying for to relocation for relocation assistance under assistance those programs 24.205(c)(2)(ii) 4625(c)(2) Provide information on comparable Comparable s for available homeowners and tenants Comparable Residential not available Project cannot proceed on a timely basis because comparable (within statutory limits) is not available. Non-residental 24.205(c)(2)(iii) 4625(c)(2) Provide information on suitable locations for businesses and farm operations 24.203(c) 4651(5) Provide 90-day written notice of date by which move is required 24.205(c)(2)(iii) 4625(c)(4) Assist businesses and farm operations in obtaining and becoming established at a suitable location Within statutory limits: $22,500 ( 4623(a)) $5,250 ( 4624(a)) 24.404 4626 Identify last-resort housing 24.204(a) 4625(c)(3) 24.401(b) Assure person is 24.402(a) not require to move without opportunity to relocate to 24.404(c) comparable 4626(a) Take actions as necessary to provide a comparable As needed, exceed maximum amount on a case-by-case basis 24.305(a)(4) Is the sole business at the displacement the rental of the to others? 24.305(a) Fixed payment No option Yes Actual moving cost option 24.301(a) 24.301(g)(14) 24.203(c) 4651(5) Provide 90-day written notice of date by which move is required In lieu of the payment authorized under 4622(a) 4622(a) Determine actual reasonable moving and related expenses, including the following: (1) Actual reasonable moving expenses. (2) Actual direct losses of tangible personal (not to exceed amount equal to the reasonable expenses that would have been required to relocate such ). (3) Actual reasonable expenses in searching for a 24.301(g)(17) business or farm. 24.304 (4) Actual reasonable expenses to reestablish operations at the site (not to exceed $10,000). Eligibility: Actual moving expenses The Uniform Act does Small business not define what a Not small business small business is. Farm Nonprofit organization Expense and dislocation allowance option Actual moving cost option 24.301(a) 4622(a) Determine actual reasonable moving expenses Prior to the initiation of negotiations for the acquisition of the ( 4623(a)). The Uniform Act indicates not more than 180 days ( 4624(b)). There is a one-day overlap. 24.401(a)(1) 4623(a)(1) 24.302 4622(b) Pay allowance according to schedule established by the U.S. DOT 24.301(a) 4622(a) Pay actual moving and related expenses 180 days at displaced 24.401(f) The Uniform Act does not address the possibility of renting. Homeowner <90 days at at displaced displaced 24.402(a) The Uniform Act does Tenant at 90-180 days at not address what displaced displaced happens if the duration is <90 days. 24.305(a), 24.305(c), 24.305(d) 4622(c) Pay fixed payment according to criteria established by the U.S. DOT ($1,000 - $20,000) 24.301(a) 4622(a) Pay actual moving and related expenses 24.301(a) 24.301(a) 24.301(a) 24.304 Loss of Searching for Expenses to tangible reestablish personal business or operations farm 24.402(a), 24.404(a) Not to exceed 42 months and not to exceed $5,250, unless it is last resort housing ( 4624). Computation of payment must consider income of low-income displaced person. Eligible for Purchase at additional new site payment Not eligible for Rent at new site additional payment 24.402(b) 4624 Determine additional costs to rent or lease a comparable Comparable ( 4624(a)). Eligible person purchases a decent, safe, and sanitary ( 4624). 24.401(a)(2) If homeowner purchases and occupies a decent, safe, and sanitary within one year after (a) receiving acquisition payment or (b) displacing agency s obligation under 4625(c)(3) is met. Rent at new site Purchase 4623(a) Determine housing payments Application by mortgagee No application by mortgagee Trigger event not included in the Uniform Act. The following is assumed as the starting point for the determination of utility relocation expenses: (a) Need for utility relocation has been established. (b) Utility relocation drawings and other related documents have been prepared. 24.402(c) Determine eligibility for maximum amount 24.401(b) Not to exceed $22,500, including the following ( 4623(a)): 24.401(c) (a) Difference in acquisition cost between acquired by displacing agency and reasonable cost of comparable. 24.401(d) (b) Increased interest and other debt service costs for financing acquisition of such comparable (payable only if mortgage at acquired by displacing agency was in place for 180 days prior to initiation of negotiations). 24.401(e) (c) Reasonable expenses for evidence of title, recording fees, and other closing costs for the purchase of the (not including prepaid expenses). 24.404(a) The limit of $22,500 does not apply to last resort housing ( 4626). 24.401(b) 4623 Pay housing amount Not in 49 CFR 24 4623(b) Insure mortgage on comparable The Uniform Act defines a utility facility as any system such as the following ( 4622(d)): (a) Electric, gas, water, steam power, or material transmission or distribution system. (b) Transportation system. (c) Communication system (including cable television). (d) Fixtures, equipment, or other associated with the operation, maintenance, or repair of that system. The utility facility must be located on owned by a state or local government or over which a state or local government has an easement or right-of-way. A utility facility may be publicly, privately, or cooperatively owned. 24.402(b) 4623 Pay housing amount Not in 49 CFR 24 The Uniform Act suggests that insuring a mortgage is not mandatory for an agency ( 4623(b)). 24.402(c)(1) The displacing agency may increase the payment to the maximum of $5,250 (used for down payment and other incidental expenses) ( 4624(b)). For homeowners who have owned and occupied the displacement 90-180 days prior to the initiation of negotiations, the amount cannot exceed the maximum they would receive if they qualified under 4623(a). 4622(d) Utility Relocation Expenses 24.306 Determine utility Utility facility relocation costs, Franchise relocation increase in value, and salvage cost No utility relocation No franchise No extraordinary cost Utility relocation costs, betterment, and accrued depreciation Utility owner has a franchise or similar agreement with respect to the use of the displacing agency s rightof-way, easement, or other. Extraordinary relocation cost 4651 (3) 24.102(d) Annotation Annotation 24.306(c) Pay utility relocation costs less increase in value minus salvage cost Non-routine relocation expense, not included in annual utility budget as an operational expense. ROW Process Level 3 Diagram Activity: Unit of work. Types of activities include tasks and sub-processes. Sub-process (collapsed). Sub-process (expanded). Group: Set of graphical elements within the same category. Pool: Process partition that represents a major functional area or role. It may include one or more lanes. Lane: Process sub-partition within a pool. Legend Exclusive gateway: When splitting, only one branch is activated. When merging, the active branch must complete. Inclusive gateway: When splitting, one or more branches are activated. When merging, all active incoming branches must complete. Parallel gateway: When splitting, all branches are activated simultaneously. When merging, all incoming branches must complete. Start event. Start event (conditional). End event. U.S. Code provision. (In red italics) Code of Federal Regulations provision. Sequence flow. Annotation. (In red italics) Annotation that pertains to a Code of Federal Regulations provision.

Starting point not included in the Uniform Act. The following is assumed as the starting point for formal real acquisition activities: (a) Authorization to acquire has been received. (b) Right-of-way map and other related documents have been prepared. (c) Environmental document has been prepared and approved, except under certain conditions. 710.305, 710.501, 710.503, 710.505 See relocation eligibility determination lane below for other permanent displacement activities (e.g., rehabilitation and demolition) that can trigger a process starting point ( 4601(6)). 24.205(a) Early Relocation Planning 4625(a) Conduct early planning to anticipate displacements and associated problems 4625(a) Provide for the resolution of problems to minimize adverse impacts on displaced persons and expedite project completion 4625 Relocation assistance advisory includes measures, facilities, or services as needed or appropriate A permanent displacement activity (e.g., rehabilitation and demolition) under a program or project undertaken by a Federal agency or with federal financial assistance ( 4601(6)(A)). See valuation planning lane above for right-of-way acquisition activities that can trigger a process starting point. 24.102(c) 4651(2) Exercise option to apply procedure to determine if has an anticipated low fair market value 24.102(b), 24.203(d) 4601(6)(A) Provide written notice of intent to acquire 24.102(c)(1) 4651(2) Invite owner to accompany appraiser during inspection Not mandatory according to the Uniform Act ( 4651(2), 4651(10)). Anticipated low fair market value 24.102(c)(2)(i), 24.108, 710.505(a) Either sales Not anticipated or donations. low fair market value Keep appraisals for uneconomic remnants separate from required. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants). 24.102(c)(1) 4651(2) Inspect Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease The Uniform Act does not define what notice of intent to acquire is. The notice could be the offer itself or a different document. It Includes statement of right to receive just compensation for such. Conduct appraisal 24.103(b) 4651(3) Develop appraisal of the fair market value of the. Disregard decrease or increase in the fair market value of the caused by the project (or the likelihood the would be acquired for the project). 24.102(k) 4651(9) Include uneconomic remnants in real appraisal 24.105(a) 4652(a) Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected 24.105(c) 4652(b)(1) For buildings, structures, or other improvements, select larger of: (a) Contribution to fair market value of to be acquired (b) Fair market value for removal from the real 4651(3) Develop approved appraisal of the fair market value of the 24.105(a) applies exclusively to the acquisition of tenantowned improvements. 24.105(c) includes a reference to salvage value in the case of tenantowned improvements, which is not mentioned in the Uniform Act. 24.102(d), 710.201(j) 4651 (3) Establish just Compensation 24.102(e)(1) Must be for the full amount of just compensation as established by the agency (and summary of basis for just compensation). Where appropriate, list just compensation for acquired and damages for remaining real separately. Not less than the agency s approved appraisal of the fair market value of the 24.102(d) 4651(3) Prepare written offer 24.105(d)(1) to (3) Offer must not result in duplication of payments. No such payment is made unless the landowner disclaims all interest in the improvements of the tenant. Tenant must assign, transfer, and release right, title, and interest. Tenant has a right to reject payment under this section and seek payment under other applicable laws. 24.102(h), 710.313(b) Do not take any coercive action (such as advancing the time of condemnation, delaying negotiations or condemnation, or delaying depositing funds in court) in order to compel an agreement on the price to be paid for the. Make written offer 24.102(d) 4651(3) Make prompt written offer to owner to acquire the 24.102(k) 4651(9) Include offer to acquire uneconomic remnants 24.102(e)(3), 24.105 4652 Make offer to tenant for tenant-owned improvements 24.102(i), 24.108, 710.505(a) The Uniform Act mentions donations ( 4651(2), 4651(10)). It does not mention other options such as administrative settlements or alternate dispute resolutions. These options are included in the diagram for completeness and illustration purposes. 49 CFR 24 and 23 CFR 710 mention donations and administrative settlements but not alternate dispute resolutions. 4651 Acquisition by agreement with owner Requires informing owner of the right to receive just compensation ( 4651(10)) 24.108, 710.505(a) 24.102(a), 24.102(f) 24.102(j) 24.106 Donation 4651(1) 4653 4651(7) Negotiation Pay to owner Offer Reimburse owner Conduct is agreed purchase accepted for reasonable title negotiations successful price to acquire transfer expenses Negotiation 24.102(i), 710.105(b) not successful Administrative settlement Alternate dispute resolution No alternate dispute Acquisition by Condemnation Proceedings resolution or alternate dispute resolution was 24.102(l) 24.102(j) 24.106 not successful 4651(8) 4653 Agency can Deposit funds in Conduct Reimburse owner acquire by court in accordance condemnation for reasonable title condemnation with 40 USC proceedings transfer expenses 3114(a) to (d) Agency cannot acquire by 24.107 Or agency abandons condemnation 4654(a) proceedings 4654(b) Pay reasonable attorney, appraisal, Conditional event if owner finds it necessary to and engineering 24.102(l) institute legal proceedings fees to owner to prove the fact of the 4651(8) taking of the real. Inverse Owner sues condemnation Judgment agency proceedings outcome 24.107 4654(a), 4654(b) Pay reasonable attorney, appraisal, and engineering fees to owner (if court renders a judgment for the plaintiff) Includes: (a) Recording fees, transfer taxes, and other similar expenses (b) Penalty costs for prepayment of preexisting mortgage (c) Pro rata portion of real taxes Includes: (a) Recording fees, transfer taxes, and other similar expenses (b) Penalty costs for prepayment of preexisting mortgage (c) Pro rata portion of real taxes Amount not less than the agency s approved appraisal of the fair market value or the amount of the award of compensation in the condemnation proceedings Not occupied Occupied A displaced person is any person who moves from real or moves his/her personal from real in connection with the acquisition of right-of-way or in connection with rehabilitation, demolition, or other permanent displacing activities undertaken by a federal agency or with federal financial assistance. The Uniform Act includes provisions for determining whether a person can be classified as a displaced person ( 4601(6)). 24.102(j) Require owner to surrender possession Decision to rent acquired Rent to original owner or tenant Rent to others Do not rent Do not rent Decision to rent acquired Rent 24.102(j) Require owner to surrender possession 24.102(m), 710.403(d) 4651(6) Rent acquired 24.102(m) If leased to original owner or tenant, the lease amount cannot exceed the fair rental value of the. 24.102(j) Require owner to surrender possession Does not occupy adjacent No substantial economic injury Occupies adjacent Substantial economic 24.205(e) 4625(f) Eligible for advisory assistance services to the extent established by the displacing agency If lease is on a short-term basis or for a period subject to termination on short notice. 24.205(c)(1) 4625(b) Advisory services available at the discretion of the injury 24.205(c)(1) 24.205(c)(1) acquiring agency Not a displaced 4625(b) 4625(b) 24.2(a)(9) person 24.208 4601(6) 4605 4605 Apply procedure to 24.208 Eligible for Displaced determine whether Lawfully present relocation person person is a in the U.S. assistance advisory displaced person services Not lawfully Exceptional and present in extremely unusual The process must be nondiscriminating against any the U.S. hardship displaced person. Not eligible for assistance The Uniform Act does not explain the To an individual who is the displaced process to require persons to move if they person s spouse, parent, or child are not eligible for assistance because and who is a U.S. citizen or they are not lawfully present in the U.S. permanent resident in the U.S. 24.2(6)(6) The Uniform Act ( 4601(10) defines a comparable to be any that is: (a) decent, safe, and sanitary; (b) adequate in size to accommodate the occupants; (c) within the financial means of the displaced person; (d) functionally equivalent; (e) in an area not subject to unreasonable adverse environmental conditions; and (f) in a location generally not less desirable than the location of the displaced person s with respect to public utilities, facilities, services, and the displaced person s place of employment. No major disaster or emergency 24.203(c)(4), 24.204(b), Major disaster or 24.204(b) emergency 4625(c)(3) Require person to move immediately from Available to All Displaced Persons Who Are Eligible for Advisory Services 24.205(c)(2)(i), 24.205(c)(2)(ii) 24.205(c)(2)(v) 24.205(c)(2)(iv) 4625(c)(1) 4625(c)(5) 4625(c)(6) Determine and Supply information Provide other make timely about other federal services in order to recommendations and state programs minimize hardships on needs and and provide to displaced preferences of assistance in persons in adjusting displaced persons applying for to relocation for relocation assistance under assistance those programs 24.205(c)(2)(ii) 4625(c)(2) Provide information on comparable Comparable s for available homeowners and tenants Comparable Residential not available Project cannot proceed on a timely basis because comparable (within statutory limits) is not available. Non-residental 24.205(c)(2)(iii) 4625(c)(2) Provide information on suitable locations for businesses and farm operations 24.203(c) 4651(5) Provide 90-day written notice of date by which move is required 24.205(c)(2)(iii) 4625(c)(4) Assist businesses and farm operations in obtaining and becoming established at a suitable location Within statutory limits: $22,500 ( 4623(a)) $5,250 ( 4624(a)) 24.404 4626 Identify last-resort housing 24.401(b) 24.402(a) 24.404(c) 4626(a) Take actions as necessary to provide a comparable As needed, exceed maximum amount on a case-by-case basis 24.204(a) 4625(c)(3) Assure person is not require to move without opportunity to relocate to comparable 24.305(a)(4) Is the sole business at the displacement the rental of the to others? 24.305(a) Fixed payment No option Yes Actual moving cost option 24.301(a) 24.301(g)(14) 24.203(c) 4651(5) Provide 90-day written notice of date by which move is required In lieu of the payment authorized under 4622(a) 4622(a) Determine actual reasonable moving and related expenses, including the following: (1) Actual reasonable moving expenses. (2) Actual direct losses of tangible personal (not to exceed amount equal to the reasonable expenses that would have been required to relocate such ). (3) Actual reasonable expenses in searching for a 24.301(g)(17) business or farm. 24.304 (4) Actual reasonable expenses to reestablish operations at the site (not to exceed $10,000). Eligibility: Actual moving expenses The Uniform Act does Small business not define what a Not small business small business is. Farm Nonprofit organization Expense and dislocation allowance option Actual moving cost option 24.301(a) 4622(a) Determine actual reasonable moving expenses Prior to the initiation of negotiations for the acquisition of the ( 4623(a)). The Uniform Act indicates not more than 180 days ( 4624(b)). There is a one-day overlap. 24.401(a)(1) 4623(a)(1) 24.302 4622(b) Pay allowance according to schedule established by the U.S. DOT 24.301(a) 4622(a) Pay actual moving and related expenses 180 days at displaced 24.401(f) The Uniform Act does not address the possibility of renting. Homeowner <90 days at at displaced displaced 24.402(a) The Uniform Act does Tenant at 90-180 days at not address what displaced displaced happens if the duration is <90 days. 24.305(a), 24.305(c), 24.305(d) 4622(c) Pay fixed payment according to criteria established by the U.S. DOT ($1,000 - $20,000) 24.301(a) 4622(a) Pay actual moving and related expenses 24.301(a) 24.301(a) 24.301(a) 24.304 Loss of Searching for Expenses to tangible reestablish personal business or operations farm 24.402(a), 24.404(a) Not to exceed 42 months and not to exceed $5,250, unless it is last resort housing ( 4624). Computation of payment must consider income of low-income displaced person. Eligible for Purchase at additional new site payment Not eligible for Rent at new site additional payment 24.402(b) 4624 Determine additional costs to rent or lease a comparable Comparable ( 4624(a)). Eligible person purchases a decent, safe, and sanitary ( 4624). 24.401(a)(2) If homeowner purchases and occupies a decent, safe, and sanitary within one year after (a) receiving acquisition payment or (b) displacing agency s obligation under 4625(c)(3) is met. Rent at new site Purchase 4623(a) Determine housing payments Application by mortgagee No application by mortgagee Trigger event not included in the Uniform Act. The following is assumed as the starting point for the determination of utility relocation expenses: (a) Need for utility relocation has been established. (b) Utility relocation drawings and other related documents have been prepared. 24.402(c) Determine eligibility for maximum amount 24.401(b) Not to exceed $22,500, including the following ( 4623(a)): 24.401(c) (a) Difference in acquisition cost between acquired by displacing agency and reasonable cost of comparable. 24.401(d) (b) Increased interest and other debt service costs for financing acquisition of such comparable (payable only if mortgage at acquired by displacing agency was in place for 180 days prior to initiation of negotiations). 24.401(e) (c) Reasonable expenses for evidence of title, recording fees, and other closing costs for the purchase of the (not including prepaid expenses). 24.404(a) The limit of $22,500 does not apply to last resort housing ( 4626). 24.401(b) 4623 Pay housing amount Not in 49 CFR 24 4623(b) Insure mortgage on comparable The Uniform Act defines a utility facility as any system such as the following ( 4622(d)): (a) Electric, gas, water, steam power, or material transmission or distribution system. (b) Transportation system. (c) Communication system (including cable television). (d) Fixtures, equipment, or other associated with the operation, maintenance, or repair of that system. The utility facility must be located on owned by a state or local government or over which a state or local government has an easement or right-of-way. A utility facility may be publicly, privately, or cooperatively owned. 24.402(b) 4623 Pay housing amount 24.402(c)(1) The displacing agency may increase the payment to the maximum of $5,250 (used for down payment and other incidental expenses) ( 4624(b)). For homeowners who have owned and occupied the displacement 90-180 days prior to the initiation of negotiations, the amount cannot exceed the maximum they would receive if they qualified under 4623(a). 4622(d) Utility Relocation Expenses Utility facility Franchise relocation No utility relocation No franchise Not in 49 CFR 24 The Uniform Act suggests that insuring a mortgage is not mandatory for an agency ( 4623(b)). 24.306 Determine utility relocation costs, increase in value, and salvage cost Utility relocation costs, betterment, and accrued depreciation Utility owner has a franchise or similar agreement with respect to the use of the displacing agency s rightof-way, easement, or other. Extraordinary relocation cost No extraordinary cost 4651 (3) 24.102(d) Annotation Annotation 24.306(c) Pay utility relocation costs less increase in value minus salvage cost Non-routine relocation expense, not included in annual utility budget as an operational expense. ROW Process Level 3 Diagram 4651(2) / [301] 24.102(c) Exercise option to apply procedure to determine if has an anticipated low fair market value Not anticipated low fair market value Anticipated low fair market value Not mandatory according to the Uniform Act ( 4651(2), 4651(10) / [301]). 24.102(c)(2)(i), 24.108, 710.505(a) Either sales or donations. Activity: Unit of work. Types of activities include tasks and sub-processes. Sub-process (collapsed). Sub-process (expanded). Group: Set of graphical elements within the same category. Pool: Process partition that represents a major functional area or role. It may include one or more lanes. Lane: Process sub-partition within a pool. Legend Exclusive gateway: When splitting, only one branch is activated. When merging, the active branch must complete. Inclusive gateway: When splitting, one or more branches are activated. When merging, all active incoming branches must complete. Parallel gateway: When splitting, all branches are activated simultaneously. When merging, all incoming branches must complete. Start event. Start event (conditional). End event. U.S. Code provision. (In red italics) Code of Federal Regulations provision. Keep appraisals for uneconomic remnants separate from required. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants). 24.102(c)(1) 4651(2) / [301] Invite owner to accompany appraiser during inspection 24.102(c)(1) 4651(2) / [301] Inspect Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease Conduct appraisal 24.103(b) 4651(3) / [301] Develop appraisal of the fair market value of the. Disregard decrease or increase in the fair market value of the caused by the project (or the likelihood the would be acquired for the project). 24.102(k) 4651(9) / [301] Include uneconomic remnants in real appraisal 24.105(a) 4652(a) / [302] Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected 24.105(c) 4652(b)(1) / [302] For buildings, structures, or other improvements, select larger of: (a) Contribution to fair market value of to be acquired (b) Fair market value for removal from the real 4651(3) / [301] Develop approved appraisal of the fair market value of the 24.105(a) applies exclusively to the acquisition of tenantowned improvements. 24.105(c) includes a reference to salvage value in the case of tenantowned improvements, which is not mentioned in the Uniform Act. Sequence flow. Annotation. (In red italics) Annotation that pertains to a Code of Federal Regulations provision. 24.102(d), 710.201(j) 4651 (3) / [301] Establish just Compensation

Starting point not included in the Uniform Act. The following is assumed as the starting point for formal real acquisition activities: (a) Authorization to acquire has been received. (b) Right-of-way map and other related documents have been prepared. (c) Environmental document has been prepared and approved, except under certain conditions. 710.305, 710.501, 710.503, 710.505 See relocation eligibility determination lane below for other permanent displacement activities (e.g., rehabilitation and demolition) that can trigger a process starting point ( 4601(6)). 24.205(a) Early Relocation Planning 4625(a) Conduct early planning to anticipate displacements and associated problems 4625(a) Provide for the resolution of problems to minimize adverse impacts on displaced persons and expedite project completion 4625 Relocation assistance advisory includes measures, facilities, or services as needed or appropriate A permanent displacement activity (e.g., rehabilitation and demolition) under a program or project undertaken by a Federal agency or with federal financial assistance ( 4601(6)(A)). See valuation planning lane above for right-of-way acquisition activities that can trigger a process starting point. 24.102(c) 4651(2) Exercise option to apply procedure to determine if has an anticipated low fair market value 24.102(b), 24.203(d) 4601(6)(A) Provide written notice of intent to acquire 24.102(c)(1) 4651(2) Invite owner to accompany appraiser during inspection Not mandatory according to the Uniform Act ( 4651(2), 4651(10)). Anticipated low fair market value 24.102(c)(2)(i), 24.108, 710.505(a) Either sales Not anticipated or donations. low fair market value Keep appraisals for uneconomic remnants separate from required. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants). 24.102(c)(1) 4651(2) Inspect Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease The Uniform Act does not define what notice of intent to acquire is. The notice could be the offer itself or a different document. It Includes statement of right to receive just compensation for such. Conduct appraisal 24.103(b) 4651(3) Develop appraisal of the fair market value of the. Disregard decrease or increase in the fair market value of the caused by the project (or the likelihood the would be acquired for the project). 24.102(k) 4651(9) Include uneconomic remnants in real appraisal 24.105(a) 4652(a) Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected 24.105(c) 4652(b)(1) For buildings, structures, or other improvements, select larger of: (a) Contribution to fair market value of to be acquired (b) Fair market value for removal from the real 4651(3) Develop approved appraisal of the fair market value of the 24.105(a) applies exclusively to the acquisition of tenantowned improvements. 24.105(c) includes a reference to salvage value in the case of tenantowned improvements, which is not mentioned in the Uniform Act. 24.102(d), 710.201(j) 4651 (3) Establish just Compensation 24.102(e)(1) Must be for the full amount of just compensation as established by the agency (and summary of basis for just compensation). Where appropriate, list just compensation for acquired and damages for remaining real separately. Not less than the agency s approved appraisal of the fair market value of the 24.102(d) 4651(3) Prepare written offer 24.105(d)(1) to (3) Offer must not result in duplication of payments. No such payment is made unless the landowner disclaims all interest in the improvements of the tenant. Tenant must assign, transfer, and release right, title, and interest. Tenant has a right to reject payment under this section and seek payment under other applicable laws. 24.102(h), 710.313(b) Do not take any coercive action (such as advancing the time of condemnation, delaying negotiations or condemnation, or delaying depositing funds in court) in order to compel an agreement on the price to be paid for the. Make written offer 24.102(d) 4651(3) Make prompt written offer to owner to acquire the 24.102(k) 4651(9) Include offer to acquire uneconomic remnants 24.102(e)(3), 24.105 4652 Make offer to tenant for tenant-owned improvements 24.102(i), 24.108, 710.505(a) The Uniform Act mentions donations ( 4651(2), 4651(10)). It does not mention other options such as administrative settlements or alternate dispute resolutions. These options are included in the diagram for completeness and illustration purposes. 49 CFR 24 and 23 CFR 710 mention donations and administrative settlements but not alternate dispute resolutions. 4651 Acquisition by agreement with owner Requires informing owner of the right to receive just compensation ( 4651(10)) 24.108, 710.505(a) 24.102(a), 24.102(f) 24.102(j) 24.106 Donation 4651(1) 4653 4651(7) Negotiation Pay to owner Offer Reimburse owner Conduct is agreed purchase accepted for reasonable title negotiations successful price to acquire transfer expenses Negotiation 24.102(i), 710.105(b) not successful Administrative settlement Alternate dispute resolution No alternate dispute Acquisition by Condemnation Proceedings resolution or alternate dispute resolution was 24.102(l) 24.102(j) 24.106 not successful 4651(8) 4653 Agency can Deposit funds in Conduct Reimburse owner acquire by court in accordance condemnation for reasonable title condemnation with 40 USC proceedings transfer expenses 3114(a) to (d) Agency cannot acquire by 24.107 Or agency abandons condemnation 4654(a) proceedings 4654(b) Pay reasonable attorney, appraisal, Conditional event if owner finds it necessary to and engineering 24.102(l) institute legal proceedings fees to owner to prove the fact of the 4651(8) taking of the real. Inverse Owner sues condemnation Judgment agency proceedings outcome 24.107 4654(a), 4654(b) Pay reasonable attorney, appraisal, and engineering fees to owner (if court renders a judgment for the plaintiff) Includes: (a) Recording fees, transfer taxes, and other similar expenses (b) Penalty costs for prepayment of preexisting mortgage (c) Pro rata portion of real taxes Includes: (a) Recording fees, transfer taxes, and other similar expenses (b) Penalty costs for prepayment of preexisting mortgage (c) Pro rata portion of real taxes Amount not less than the agency s approved appraisal of the fair market value or the amount of the award of compensation in the condemnation proceedings Not occupied Occupied A displaced person is any person who moves from real or moves his/her personal from real in connection with the acquisition of right-of-way or in connection with rehabilitation, demolition, or other permanent displacing activities undertaken by a federal agency or with federal financial assistance. The Uniform Act includes provisions for determining whether a person can be classified as a displaced person ( 4601(6)). 24.102(j) Require owner to surrender possession Decision to rent acquired Rent to original owner or tenant Rent to others Do not rent Do not rent Decision to rent acquired Rent 24.102(j) Require owner to surrender possession 24.102(m), 710.403(d) 4651(6) Rent acquired 24.102(m) If leased to original owner or tenant, the lease amount cannot exceed the fair rental value of the. 24.102(j) Require owner to surrender possession 24.205(e) 4625(f) Eligible for advisory assistance services to the extent established by the displacing agency If lease is on a short-term basis or for a period subject to termination on short notice. Does not occupy adjacent 24.205(c)(1) No substantial economic injury 4625(b) Occupies Substantial Advisory services adjacent economic available at the injury discretion of the 24.205(c)(1) 24.205(c)(1) acquiring agency Not a displaced 4625(b) 4625(b) 24.2(a)(9) person 24.208 4601(6) 4605 4605 Apply procedure to 24.208 Eligible for Displaced determine whether Lawfully present relocation person person is a in the U.S. assistance advisory displaced person services Not lawfully Exceptional and present in extremely unusual The process must be nondiscriminating against any the U.S. hardship displaced person. Not eligible for assistance The Uniform Act does not explain the To an individual who is the displaced process to require persons to move if they person s spouse, parent, or child are not eligible for assistance because and who is a U.S. citizen or they are not lawfully present in the U.S. permanent resident in the U.S. 24.2(6)(6) The Uniform Act ( 4601(10) defines a comparable to be any that is: (a) decent, safe, and sanitary; (b) adequate in size to accommodate the occupants; (c) within the financial means of the displaced person; (d) functionally equivalent; (e) in an area not subject to unreasonable adverse environmental conditions; and (f) in a location generally not less desirable than the location of the displaced person s with respect to public utilities, facilities, services, and the displaced person s place of employment. No major disaster or emergency 24.203(c)(4), 24.204(b), Major disaster or 24.204(b) emergency 4625(c)(3) Require person to move immediately from Available to All Displaced Persons Who Are Eligible for Advisory Services 24.205(c)(2)(i), 24.205(c)(2)(ii) 24.205(c)(2)(v) 24.205(c)(2)(iv) 4625(c)(1) 4625(c)(5) 4625(c)(6) Determine and Supply information Provide other about other federal and state programs make timely recommendations on needs and preferences of displaced persons for relocation assistance services in order to minimize hardships and provide to displaced assistance in persons in adjusting applying for to relocation assistance under those programs 24.205(c)(2)(ii) Within statutory limits: 4625(c)(2) $22,500 ( 4623(a)) Provide information on comparable Comparable $5,250 ( 4624(a)) s for available homeowners and 24.404 tenants Comparable Residential not 4626 available Identify last-resort housing Project cannot proceed on a timely basis because comparable (within statutory limits) is not available. 24.205(c)(2)(iii) Non-residental 24.205(c)(2)(iii) 4625(c)(2) Provide information on suitable locations for businesses and farm operations 24.203(c) 4651(5) Provide 90-day written notice of date by which move is required 4625(c)(4) Assist businesses and farm operations in obtaining and becoming established at a suitable location 24.401(b) 24.402(a) 24.404(c) 4626(a) Take actions as necessary to provide a comparable As needed, exceed maximum amount on a case-by-case basis 24.204(a) 4625(c)(3) Assure person is not require to move without opportunity to relocate to comparable 24.305(a)(4) Is the sole business at the displacement the rental of the to others? 24.305(a) Fixed payment No option Yes Actual moving cost option 24.301(a) 24.301(g)(14) 24.203(c) 4651(5) Provide 90-day written notice of date by which move is required In lieu of the payment authorized under 4622(a) 4622(a) Determine actual reasonable moving and related expenses, including the following: (1) Actual reasonable moving expenses. (2) Actual direct losses of tangible personal (not to exceed amount equal to the reasonable expenses that would have been required to relocate such ). (3) Actual reasonable expenses in searching for a 24.301(g)(17) business or farm. 24.304 (4) Actual reasonable expenses to reestablish operations at the site (not to exceed $10,000). Eligibility: Actual moving expenses The Uniform Act does Small business not define what a Not small business small business is. Farm Nonprofit organization Expense and dislocation allowance option Actual moving cost option 24.301(a) 4622(a) Determine actual reasonable moving expenses Prior to the initiation of negotiations for the acquisition of the ( 4623(a)). The Uniform Act indicates not more than 180 days ( 4624(b)). There is a one-day overlap. 24.401(a)(1) 4623(a)(1) 24.302 4622(b) Pay allowance according to schedule established by the U.S. DOT 24.301(a) 4622(a) Pay actual moving and related expenses 180 days at displaced 24.401(f) The Uniform Act does not address the possibility of renting. Homeowner <90 days at at displaced displaced 24.402(a) The Uniform Act does Tenant at 90-180 days at not address what displaced displaced happens if the duration is <90 days. 24.305(a), 24.305(c), 24.305(d) 4622(c) Pay fixed payment according to criteria established by the U.S. DOT ($1,000 - $20,000) 24.301(a) 4622(a) Pay actual moving and related expenses 24.301(a) 24.301(a) 24.301(a) 24.304 Loss of Searching for Expenses to tangible reestablish personal business or operations farm 24.402(a), 24.404(a) Not to exceed 42 months and not to exceed $5,250, unless it is last resort housing ( 4624). Computation of payment must consider income of low-income displaced person. Eligible for Purchase at additional new site payment Not eligible for Rent at new site additional payment 24.402(b) 4624 Determine additional costs to rent or lease a comparable Comparable ( 4624(a)). Eligible person purchases a decent, safe, and sanitary ( 4624). 24.401(a)(2) If homeowner purchases and occupies a decent, safe, and sanitary within one year after (a) receiving acquisition payment or (b) displacing agency s obligation under 4625(c)(3) is met. Rent at new site Purchase 4623(a) Determine housing payments Application by mortgagee No application by mortgagee Trigger event not included in the Uniform Act. The following is assumed as the starting point for the determination of utility relocation expenses: (a) Need for utility relocation has been established. (b) Utility relocation drawings and other related documents have been prepared. 24.402(c) Determine eligibility for maximum amount 24.401(b) Not to exceed $22,500, including the following ( 4623(a)): 24.401(c) (a) Difference in acquisition cost between acquired by displacing agency and reasonable cost of comparable. 24.401(d) (b) Increased interest and other debt service costs for financing acquisition of such comparable (payable only if mortgage at acquired by displacing agency was in place for 180 days prior to initiation of negotiations). 24.401(e) (c) Reasonable expenses for evidence of title, recording fees, and other closing costs for the purchase of the (not including prepaid expenses). 24.404(a) The limit of $22,500 does not apply to last resort housing ( 4626). 24.401(b) 4623 Pay housing amount Not in 49 CFR 24 4623(b) Insure mortgage on comparable The Uniform Act defines a utility facility as any system such as the following ( 4622(d)): (a) Electric, gas, water, steam power, or material transmission or distribution system. (b) Transportation system. (c) Communication system (including cable television). (d) Fixtures, equipment, or other associated with the operation, maintenance, or repair of that system. The utility facility must be located on owned by a state or local government or over which a state or local government has an easement or right-of-way. A utility facility may be publicly, privately, or cooperatively owned. 24.402(b) 4623 Pay housing amount 24.402(c)(1) The displacing agency may increase the payment to the maximum of $5,250 (used for down payment and other incidental expenses) ( 4624(b)). For homeowners who have owned and occupied the displacement 90-180 days prior to the initiation of negotiations, the amount cannot exceed the maximum they would receive if they qualified under 4623(a). 4622(d) Utility Relocation Expenses Utility facility Franchise relocation No utility relocation No franchise Not in 49 CFR 24 The Uniform Act suggests that insuring a mortgage is not mandatory for an agency ( 4623(b)). 24.306 Determine utility relocation costs, increase in value, and salvage cost Utility relocation costs, betterment, and accrued depreciation Utility owner has a franchise or similar agreement with respect to the use of the displacing agency s rightof-way, easement, or other. Extraordinary relocation cost No extraordinary cost 4651 (3) 24.102(d) Annotation Annotation 24.306(c) Pay utility relocation costs less increase in value minus salvage cost Non-routine relocation expense, not included in annual utility budget as an operational expense. ROW Process Level 3 Diagram 4651(2) / [301] 24.102(c) No Exercise option to apply procedure to determine if Yes has an anticipated low fair market value Is the sole business at the displacement the rental of the to others? Anticipated low fair market value Actual moving cost option Not anticipated low fair market value 24.301(a) 24.301(g)(14) In lieu of the payment authorized under 4622(a) 24.305(a) Not mandatory according to the Uniform Fixed payment Act ( 4651(2), 4651(10) / [301]). option 24.305(a), 24.305(c), 24.305(d) 4622(c) Pay fixed payment according to criteria established by the U.S. DOT ($1,000 - $20,000) Activity: Unit of work. Types of activities include tasks and sub-processes. Sub-process (collapsed). Sub-process (expanded). Group: Set of graphical elements within 24.102(c)(2)(i), 24.108, 710.505(a) 4622(a) Determine Either sales actual reasonable moving and related expenses, including or donations. the following: 24.301(a) the same category. Pool: Process partition that represents a (1) Actual reasonable moving expenses. major functional area or role. It may include one or more lanes. 4622(a) Lane: Process sub-partition within a pool. (2) Actual direct losses of tangible personal (not to Pay actual moving Sequence flow. exceed amount equal to the reasonable expenses that would and related have been required to relocate such ). Conduct appraisal expenses 24.301(g)(17) Keep appraisals (3) for Actual uneconomic reasonable expenses in searching 24.103(b) for a remnants separate from required business or farm. 4651(3) / [301] 24.304. The (4) reason Actual is that reasonable expenses Develop to appraisal reestablish of the operations fair market value at of eminent domain does not apply the site (not to exceed $10,000). the. Disregard decrease or increase to uneconomic remnants (i.e., in the fair market value of the caused the owner is not obligated to sell by the project (or the likelihood the uneconomic remnants). would be acquired for the project). Eligibility: 24.301(a) 24.301(a) 24.301(a) 24.304 24.102(k) Loss of Searching for 24.102(c)(1) 4651(9) / [301] 24.102(c)(1) Actual Expenses to Include uneconomic remnants in real tangible moving reestablish 4651(2) / [301] appraisal personal 4651(3) / [301] business or expenses operations Invite owner to Develop approved 4651(2) / [301] 24.105(a) farm accompany appraisal of the fair Inspect appraiser during The Uniform Act does Small business 4652(a) / [302] market value of the inspection not define what a Include equal interest in buildings, structures, or other Not improvements small business that need to be small business is. removed or that Farm are adversely affected 24.105(a) applies Nonprofit organization 24.105(c) exclusively to the acquisition of tenantowned Notwithstanding right or 4652(b)(1) / [302] improvements. obligation of tenant to For buildings, structures, or other remove building, structure, improvements, select larger of: 24.105(c) includes a or other improvement at (a) Contribution to fair market value of reference to salvage value the expiration of the lease to be acquired in the case of tenantowned (b) Fair market value for removal from the real improvements, which is not mentioned in the Uniform Act. Legend Exclusive gateway: When splitting, only one branch is activated. When merging, the active branch must complete. Inclusive gateway: When splitting, one or more branches are activated. When merging, all active incoming branches must complete. Parallel gateway: When splitting, all branches are activated simultaneously. When merging, all incoming branches must complete. Start event. Start event (conditional). End event. U.S. Code provision. (In red italics) Code of Federal Regulations provision. Annotation. (In red italics) Annotation that pertains to a Code of Federal Regulations provision. 24.102(d), 710.201(j) 4651 (3) / [301] Establish just Compensation