REPORT TO THE LEGISLATURE PER 2012 P.A. NO. 126, SEC. 10 Waiver Valuation Acquisitions of Privately Owned Property During Fiscal Year 2013 During the 2012 Legislative session and subsequent to a 2011 Summer Study on State Highway, Legislative council along with the House and Senate committees on Judiciary and Transportation as well as Agency of Transportation staff began revising Title 19, Chapter 5: for State Highway Projects. The outcome was the passing of Act No. 126 and codification of an amended Title 19, Chapter 5, which required the Agency of Transportation to submit a report on an alternative way to value private property valuations called waiver valuations. VERMONT AGENCY OF TRANSPORTATION October 15, 2013 Authored by: Robert M. White, VTrans Right of Way Chief
Waiver Valuation Acquisitions of Privately Owned Property During Fiscal Year 2013 Report to the Legislature per 2012 P.A. No. 126, Sec. 10 Purpose The purpose of this report is to provide the House and Senate committees on Judiciary and Transportation, with information concerning the waiver valuation process used by the Agency of Transportation to acquire land by condemnation as described in P.A. No. 126, Sec. 10 (2012). During hearings regarding State highway condemnation law, Title 19, Chapter 5 the Committees received testimony on the types of valuations used by the Agency in condemnation proceedings. The Federal Uniform Relocation Assistance and Real Property Acquisition Act (URA) and related regulations allow for two types of valuation to aid in determining just compensation for property acquired by condemnation, appraisals and waiver valuations. This report concerns the waiver valuation process and data related to waiver valuations conducted in state fiscal year 2013. Waiver Valuation Estimates Federal regulations promulgated under the URA, allows state agencies to prepare a waiver valuation, instead of an appraisal, if the valuation problem is uncomplicated and the value of the proposed acquisition is estimated at $10,000 or less 49 CFR Part 24. The regulations further provide that the Federal Agency funding projects, in this case the Federal Highway Administration (FHWA), may approve exceeding the $10,000 threshold, up to a maximum of $25,000, if the Agency acquiring the real property offers the property owner the option of having the Agency appraise the property. The Vermont Agency of Transportation has received approval to perform waiver valuations up to the maximum amount of $25,000. SFY 2013 Waiver Valuations During state fiscal year 2013, the Agency had 71 acquisitions for which a waiver valuation was prepared. These 71 waiver valuations represented 76% of all valuation for acquisitions during SFY13 with the other 24% utilizing appraisals. The attached spreadsheet shows the values of the SFY13 waiver valuations. These waiver valuations were split with 85% being $10,000 or under and 15% being over $10,000. During SFY13 neither the Agency nor the impacted property owners, obtained appraisals subsequent to a waiver valuation being prepared. The attached spreadsheet also shows the amount of the initial offer as well as the final payment amount with the associated dates. Virtually all of the acquisitions during this time were by agreements, which were entered into FY13 Waiver Valuation Breakdown Waivers >$10,000 15% Waivers <$10,001 85% Page 1
prior to the filing of a condemnation action. The only condemnation was a friendly proceeding involving a town that was willing to convey the property in question, but believed that they did not have the authority to sell town owned property. Questions and Responses The Legislature specifically asked the Agency to address six questions, as noted in the act, and the following are the questions and the Agency s response. Question 1: Every acquisition of property, whether by agreement or through condemnation, for which the Agency prepared a waiver valuation in fiscal year 2013 Response: The attached spreadsheet shows every acquisition during the specified period that utilized the waiver valuation process. Question 2: The value of the property estimated in the waiver valuation. Response: The attached spreadsheets column labeled Waiver shows the value of the property as estimated by the waiver valuation process. Question 3: Whether an appraisal of the property was obtained by the Agency or the property owner and, if so, the appraised value of the property. Response: The attached spreadsheets column labeled Appraisal shows whether the Agency performed an appraisal subsequent to a waiver valuation. No property owners on these acquisitions had appraisals performed on the acquisitions. Question 4: The date and the amount of the first offer made to the property owner Response: The date and the amount of the first offer are captured on the attached spreadsheet in the columns labeled Date of Initial Offer and Offer respectively. Question 5: The date and the amount of the final payment to the property owner for the property FY13 Waiver Acquisitions by Agreement or Agreement 99% Condemn 1% Response: The date and the amount of the final payment are captured on the attached spreadsheet in the columns labeled Date of and respectively. Question 6: Whether the final payment to the property owner resulted from an agreement prior to the filing of a condemnation action, an agreement following the filing of a condemnation action, or a board or court decision on compensation Response: 71 of the 72 waiver valuation acquisitions, as shown in the attached spreadsheet, under the column labeled Agreement Or were by agreement and all of them were prior to a condemnation filing. Page 2
SFY13 Waiver Valuation Data Waiver Appraisal Offer Date Of Initial Offer Date Of Offer minus Negotiation Duration Agreement Or Description $7,600.00 $7,600.00 08/07/12 $7,600.00 11/1/12 $0.00 86 Agreement BETH STP ER IRNO107(022)PAR NO. 1 2013 $25,000.00 $25,000.00 08/06/12 $25,000.00 9/13/12 $0.00 38 Agreement BETHEL STP ER IRN0107(022) 2013 $1,300.00 $1,300.00 10/11/12 $13,000.00 11/14/12 $11,700.00 34 Agreement BETHEL STP ER IRN0107(022)PAR NO. 3 2013 $2,000.00 $2,000.00 11/01/12 $2,000.00 12/28/12 $0.00 57 Agreement BETHEL STP ER IRN0107(022)PAR NO. 4 2013 $15,000.00 $15,000.00 09/07/12 $15,000.00 11/14/12 $0.00 68 Agreement BETHEL STP ER IRN0107(022)PAR NO. 5 2013 $1,300.00 $1,300.00 04/10/13 $1,300.00 5/6/13 $0.00 26 Agreement BRIDGEWATER ER CULV (41) ROW PAR 1 2013 $500.00 $500.00 04/02/13 $500.00 4/22/13 $0.00 20 Agreement BRIDGEWATER ER CULV (41) ROW PAR 4 2013 $5,000.00 $5,000.00 09/14/12 $5,000.00 2/14/13 $0.00 153 Agreement BRISTOL STP F 021-1 (15) P9ROW 2013 $1,500.00 $1,500.00 09/19/12 $1,500.00 2/14/13 $0.00 148 Agreement BRISTOL STP F 021-1(15)P6ROW 2013 $750.00 $750.00 09/15/12 $750.00 2/14/13 $0.00 152 Agreement BRISTOL STP F 021-1(15)P7 ROW 2013 $10,900.00 $10,900.00 09/15/12 $10,900.00 3/4/13 $0.00 170 Agreement BRISTOL STP F 021-1(15)P8ROW 2013 $2,700.00 $2,700.00 08/03/12 $2,700.00 9/27/12 $0.00 55 Agreement CAVENDISH STP ER IRNO131(047) 2013 $350.00 $350.00 07/12/12 $350.00 9/7/12 $0.00 57 Agreement CAVENDISTH STP ER IRN0131(047) 2013 $2,000.00 $2,000.00 07/26/12 $2,000.00 8/28/12 $0.00 33 Agreement CAVNEDISH STP ER IRN0131(047) 2013 $3,600.00 $3,600.00 07/16/12 $3,600.00 8/28/12 $0.00 43 Agreement CAVNEDISH STP ER IRN0131(047) 2013 $3,000.00 $3,000.00 11/27/12 $3,000.00 4/22/13 $0.00 146 Agreement CLARENDON AIR 04-3213 2013 $900.00 $900.00 03/27/13 $900.00 5/17/13 $0.00 51 Agreement COLCHESTER STP 5600(9) PAR NO. 18 2013 $500.00 $500.00 08/20/12 $500.00 10/11/12 $0.00 52 Agreement FLETCHER STP 027-1(22)ROW P1 2013 $9,500.00 $9,500.00 06/05/12 $9,500.00 8/15/12 $0.00 71 Agreement HANCOCK ER BRF 0174 (16)PAR 1 ROW 2013 $800.00 $800.00 07/13/12 $2,000.00 8/10/12 $1,200.00 28 Agreement HANCOCK ER BRF 0174(16) 2013 $350.00 $350.00 07/13/12 $350.00 8/10/12 $0.00 28 Agreement HANCOCK ER BRF 0174(16) 2013 $350.00 $350.00 07/13/12 $350.00 8/10/12 $0.00 28 Agreement HANCOCK ER BRF 0174(16) 2013 $100.00 $100.00 07/13/12 $100.00 8/10/12 $0.00 28 Agreement HANCOCK ER BRF 0174(16)PAR 5 ROW 2013 $1,900.00 $1,900.00 05/10/13 $1,900.00 6/20/13 $0.00 41 Agreement HARTFORD STP ER IRN0014(100)PAR NO. 2 2013 $13,500.00 $13,500.00 06/22/12 $13,500.00 9/7/12 $0.00 77 Agreement JAMAICA ER BRF 013-1(16)OPTION P1 2013 $30,300.00 $30,300.00 06/27/12 $30,300.00 9/13/12 $0.00 78 Agreement JAMAICA ER BRF 013-1(16)OPTIONP2 2013 $17,800.00 $17,800.00 06/27/12 $17,800.00 7/25/12 $0.00 28 Agreement JAMAICA ER BRF 013-1(16)OPTIONP3 2013 $9,212.50 $9,212.50 06/22/12 $9,212.50 7/25/12 $0.00 33 Agreement JAMAICA ER BRF 013-1(16)OPTIONP4 2013 $2,200.00 $2,200.00 07/31/12 $2,200.00 8/28/12 $0.00 28 Agreement JAMAICA ER BRF 015-1(23) 2013 $20,000.00 $20,000.00 07/31/12 $32,000.00 9/7/12 $12,000.00 38 Agreement JAMAICA ER BRF 015-1(23) 2013 $6,000.00 $6,000.00 07/30/12 $6,000.00 11/14/12 $0.00 107 Agreement JAMAICA ER BRF 015-1(23) 2013 $24,000.00 $24,000.00 07/31/12 $29,000.00 11/14/12 $5,000.00 106 Agreement JAMAICA ER BRF 0151(23) 2013 $2,150.00 $2,150.00 04/10/12 $2,150.00 7/25/12 $0.00 106 Agreement JAMAICA ST ER IRN0030(111)PAR3ROW 2013 $3,750.00 $3,750.00 02/29/12 $3,750.00 11/14/12 $0.00 259 Agreement JAMAICA STP ER IRN0100(111)IRENEP2 2013 $2,150.00 $2,150.00 09/02/12 $2,150.00 1/3/13 $0.00 123 Agreement LONDONDERRY STP ER IRN0011 (123) 2013 $1,000.00 $1,000.00 12/07/12 $1,000.00 12/28/12 $0.00 21 Agreement MIDDLEBURY RS 0174(8) PAR NO. 1 2013 $6,000.00 $6,000.00 12/13/12 $6,000.00 1/18/13 $0.00 36 Agreement MIDDLEBURY RS 0174(8) PAR NO. 2 2013 $1,000.00 $1,000.00 12/07/12 $1,000.00 12/28/12 $0.00 21 Agreement MIDDLEBURY RS 0174(8) PAR NO. 4 2013 $800.00 $800.00 04/19/13 $800.00 6/6/13 $0.00 48 Agreement MORETOWN ER CULV (32) PAR NO. 1 2013 $750.00 $750.00 04/19/13 $750.00 5/6/13 $0.00 17 Agreement MORETOWN ER CULV (32) PAR NO. 2 2013 $500.00 $500.00 07/16/12 $500.00 7/31/12 $0.00 15 Agreement MORRISTOWN ST 029-1(20) PAR 1 ROW 2013 $500.00 $500.00 01/31/11 $500.00 7/31/12 $0.00 547 Agreement MORRISTOWN ST 029-1(20) PAR 2 ROW 2013 $3,000.00 $3,000.00 12/18/12 $3,000.00 12/20/12 $0.00 2 Agreement MORRISTOWN STP F 029-1(2)PAR 10 ROW 2013 $4,250.00 $4,250.00 07/11/12 $4,250.00 8/28/12 $0.00 48 Agreement PLYMOUTH STP ER IRN00100(173) 2013 Fiscal Year Page 1 of 2
SFY13 Waiver Valuation Data Waiver Appraisal Offer Date Of Initial Offer Date Of Offer minus Negotiation Duration Agreement Or Description $1,500.00 $1,500.00 07/10/12 $1,500.00 9/7/12 $0.00 59 Agreement PLYMOUTH STP ER IRN00100(173) 2013 $1,300.00 $1,300.00 05/06/13 $2,500.00 6/20/13 $1,200.00 45 Agreement ROCHESTER BRF 0162(16) PAR NO. 1 2013 $8,600.00 $8,600.00 05/03/13 $8,600.00 6/20/13 $0.00 48 Agreement ROCHESTER BRF 0162(16)PAR NO. 2 2013 $250.00 $250.00 04/25/13 $250.00 6/20/13 $0.00 56 Agreement ROCHESTER BRF 0162(16)PAR NO. 4 2013 $4,500.00 $4,500.00 04/29/13 $4,500.00 6/20/13 $0.00 52 Agreement ROCHESTER BRF 0162(17)PAR NO. 3 2013 $5,000.00 $5,000.00 03/21/13 $5,000.00 5/17/13 $0.00 57 Agreement ROCHESTER ER BRF 0162(18) PAR NO. 1 2013 $1,000.00 $1,000.00 04/23/13 $1,000.00 6/20/13 $0.00 58 Agreement ROCHESTER ER BRF 0162(18) PAR NO. 2 2013 $26,500.00 $26,500.00 08/09/12 $26,500.00 8/28/12 $0.00 19 Agreement ROCHESTER STP ER IRN0073 TEMP RIGHTSP1 2013 $600.00 $600.00 06/28/12 $1,000.00 7/31/12 $400.00 33 Agreement ROCHESTER STP ER IRN0073 TEMP.RIGHTSP7 2013 $3,000.00 $3,000.00 05/09/13 $3,000.00 6/6/13 $0.00 28 Agreement ROYALTON STP ER IRN0014(190) PAR NO. 1 2013 $2,500.00 $2,500.00 09/20/12 $2,500.00 10/5/12 $0.00 15 Agreement SEARSBURG STP SCRP (7) ROWP1 2013 $2,200.00 $2,200.00 09/20/12 $2,500.00 12/18/12 $300.00 89 Agreement SEARSBURG STP SCRP (7) ROWP2 2013 $1,450.00 $1,450.00 05/23/12 $1,450.00 7/25/12 $0.00 63 Agreement ST JOHNSBURY BRF 028-2(25)PAR 1 ROW 2013 $2,700.00 $2,700.00 06/04/12 $2,700.00 7/25/12 $0.00 51 Agreement ST JOHNSBURY BRF 028-4(25)PAR 9 ROW 2013 $1,500.00 $1,500.00 05/10/12 $1,500.00 7/9/12 $0.00 60 Agreement ST. JOHNSBURY BRF 028-4(25)PAR 2 ROW 2013 $500.00 $500.00 03/11/13 $500.00 5/8/13 $0.00 58 Agreement STOCKBRIDGE ER 022-1(26)PAR 1 ROW 2013 $500.00 $500.00 03/11/13 $5,000.00 5/23/13 $4,500.00 73 Agreement STOCKBRIDGE ER 022-1(26)PAR 2 ROW 2013 $1,200.00 $1,200.00 02/15/13 $1,200.00 3/15/13 $0.00 28 Agreement STOCKBRIDGE STP ER INR0107 IRENEP3 2013 $600.00 $600.00 01/11/13 $650.00 1/29/13 $50.00 18 Agreement STOCKBRIDGE STP ER IRN0107 (218)IRENEP5 2013 $5,000.00 $5,000.00 04/20/13 $5,000.00 5/8/13 $0.00 18 Agreement STOCKBRIDGE STP ER IRN0107 IRENE P7 2013 $8,500.00 $8,500.00 06/06/12 $8,500.00 7/31/12 $0.00 55 Agreement STOCKBRIDGE STP ER IRN0107 IRENEP1 2013 $12,000.00 $12,000.00 02/05/13 $12,000.00 2/14/13 $0.00 9 Agreement STOCKBRIDGE STP ER IRN0107 IRENEP6 2013 $3,400.00 $3,400.00 09/11/12 $6,000.00 1/18/13 $2,600.00 129 Agreement STOWE BRF 029-1(17) PAR 5 ROW 2013 $400.00 $400.00 05/09/13 $400.00 5/31/13 $0.00 22 STOWE BRF 029-1(17) PAR 6 ROW 2013 $6,400.00 $6,400.00 08/08/12 $6,500.00 9/27/12 $100.00 50 Agreement WARDSBORO STP ER IRN0100 IRENE PAYMENT 2013 $20,000.00 $20,000.00 04/09/12 $20,000.00 8/10/12 $0.00 123 Agreement WEATHERSFIELD STP ER IRN0106 IRENEP9 2013 $620.00 $620.00 10/11/12 $620.00 12/18/12 $0.00 68 Agreement WOODSTOCK BRO 1444(55)PAR NO. 1 2013 $367,482.50 $0.00 $367,482.50 $406,532.50 $39,050.00 4735 9.61% 67 Ave. Days to Negotiate Fiscal Year s shaded in red exceeded the $25,000 waiver threshold due to the cost to cure personal property damage being added to the initial waiver valuation estimate amount. Page 2 of 2