JAMES R. HALL, SR. REALTY OFFICER FEDERAL HIGHWAY ADMINISTRATION OFFICE PHONE: 225-757-7625 EMAIL: JAMES.HALL@DOT.GOV
Non- Uniformity Corruption Mistreatment of owners and occupants
Proposed Schedule Environ Design ROW Let Date What really happened to schedule
The Uniform Relocation Act and implementing Federal regulations require not only minimum time frames, but also a series of required actions. If these are eliminated from your schedule, your ship ($$$) will sink!
Following is a list of 50+ ways you may fail to comply with the URA or the regulations and put your Federal funds in jeopardy. This list is NOT all-inclusive! You could lose part of a parcel s funding, all of a parcel s funding, or all funding for a project it all depends.
1. ROW process started prior to funding Authorization from FHWA (DOTD must obtain FHWA authorization in Writing or Electronically). 2. ROW process started before completion of Environmental clearance (NEPA). 3. ROW process started without having Approved ROW Procedures.
4. Records must be kept to document the acquisition and property management activities (Reviews and Audits are real). 5. Use Coercion to obtain real property Lose Project Funding. 6. ROW process started with outdated Approved Right of Way Procedures. 7. Real property interest acquired for projects shall be adequate for construction, operation and maintenance of the resulting facility (If you do not own it you cannot build on it). 8. DOTD is responsible for other public land acquisition organizations or private consultants who preform Acquisition Services for the Agency (Parishes, other state agencies, LPAs, private agencies etc.) LDOTD must ensure their compliance with federal and state law. Noncompliant No Funding.
9. Just Compensation (amount $$ paid to property owner) must be approved by a responsible official of the LDOTD or Parish official if an LPA. 10. Fail to inform donating owner of his or her right to Fair Market Value (FMV). 11. Agency fails to notify the donating owner of their right to an appraisal. 12. Failure to follow approved procedures. 13. Negotiations initiated without an approved Relocation Plan. 14. Negotiations initiated without an approved Project Funding Estimate. 15. Negotiations begin before appraisals. 16. Property owner not given the opportunity to accompany the appraiser.
17. Appraiser fails to consider effects of acquisition on owner's larger parcel. 18. Appraiser fails to determine what is real property and what is personal property. 19. Agency does not have an appraisal review process. 20. Negotiations initiated prior to Agency's authorization of just compensation. 21. Just compensation established by unapproved agency official. 22. Agency fails to provide written offer summarizing what is being acquired. 23. Agency fails to offer to acquire an uneconomic remainder. 24. Administrative settlement not supported.
25. Property owner not given adequate time to consider the offer. 26. Failure to negotiate in good faith ( & coercion). 27. Advance acquisition which doesn t follow URA. 28. Advanced acquisition prejudices selection of alternative. 29. Acquired property not incorporated into final R/W. 30. Agency double compensates property owner or occupant. 31. Agency unable to provide proof of payment. 32. Agency does not clear liens from title at closing. 33. Evict a displacee in order to evade paying relocation benefits. 34. Inadequate relocation assistance advisory services.
35. Fail to provide occupant with General Notice. 36. Fail to promptly notify occupants of their rights to relocation. 37. 90/30 notice without a RHP offer. 38. Fail to allow displacee adequate time to purchase or lease replacement. 39. Replacement dwelling is non-dss. 40. Deduct rent owed to agency from relocation benefits. 41. Fail to handle relocation payment claims expeditiously. 42. Fail to keep r/w free of unapproved uses (encroachments). 43. Fail to assure that an airspace lease is in the public interest, receive fair market rent & does not create any safety or operational problems.
44. Charge more than fair market rent on a lease-back. 45. Dispose or lease r/w along the Interstate without FHWA approval. 46. Fail to obtain approval from FHWA for change in access control along the Interstate. 47. Fail to evaluate the environmental effects of disposal and leasing actions. 48. Fail to use of proceeds from sale and lease of property purchased using federal funds on other eligible Title 23 activities. 49. Unsupported certification 3 request. 50. Fail to schedule adequate time to comply with the requirements of the Uniform Relocation Act and the regulations implementing the URA. 51. Fail to allow adequate time to comply with the requirements of the Uniform Relocation Act and the regulations implementing the URA.
52. Fail to give the same consideration to Right of Way in scheduling and carrying out projects as is given to Planning, Environment, Design, etc. 53. Fail to monitor and ensure that occupants still on R/W under R/W Certificate #3 are protected from unnecessary inconvenience, disproportionate injury, or any coercive action. 54. Treating owners or displacess non-uniformly on the project. 55. Project with R/W phase is advertised w/o a R/W certification. 56. Inadequate documentation ( if it s not documented, it didn t happen! ).
Just Kidding!!!!!!