Putting it all together Presented by: RIGHT OF WAY SERVICES
OUTLINE Introduction Purpose Federal & State Laws Project Process and Timeline NEPA Requirements Right of Way Plans Title
OUTLINE CONTINUED Survey Appraisal Acquisition / Negotiations Relocation CDOT and Local Public Agency
INTRODUCTION This presentation is an overview of the CDOT Right of Way process. It provides general guidance in phases of acquiring right of way from the beginning of the process through project certification.
PURPOSE The CDOT Right of Way (ROW) program is responsible for providing oversight on all federal participating (FHWA) projects in compliance with the Uniform Relocation Act.
PUTTING IT ALL TOGETHER RIGHT OF WAY PLANS FEDERAL & STATE LAWS PURPOSE OF URA NEGOTIATIONS RELOCATION LOCAL PUBLIC AGENCIES NEPA REQUIREMENTS TITLE & SURVEY APPRAISAL
PURPOSE OF URA PURPOSE OF THE UNIFORM RELOCATION ACT (URA) The purpose of the URA is to: Provide fair, equitable and consistent treatment of individuals, families, businesses, farms and nonprofit organizations Encourage acquisition by agreement Be efficient in acquiring real estate and relocation of displacees
FEDERAL & STATE LAWS FEDERAL & STATE LAWS FEDERAL Uniform Relocation Assistance and Real Property Policies Act of 1970, as amended 42 United States Code 4601 et seq. Regulations Promulgated to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended 49 Code of Federal Regulations, Part 24 STATE Section 15 of the Constitution of the State of Colorado The Colorado Relocation Assistance and Land Acquisition Policies Act 24-56-101, et seq., Colorado Revised Statues
ADDITIONAL POLICIES AND PROCEDURES MUST BE FOLLOWED Colorado Department of Transportation Right of Way Manual REFERENCE MATERIAL FHWA Project Development Guide Colorado Department of Transportation Survey Manual
PROJECT PROCESS AND TIMELINE National Environmental Policy Act (NEPA) Requirements Survey Right of Way (ROW) Plans Appraisal Requirements Negotiation Relocation Every Day Counts (EDC) Initiative Project Certification 0 6 12 18 24 30 36
NEPA REQUIREMENTS NEPA REQUIREMENTS The National Environmental Policy Act (NEPA) requires all Federal agencies to: Assess the environmental impacts Consider the impacts in making project decisions Disclose impacts to the public 0 6 12 18 24 30 36 42 48 54 60
NEPA CLEARANCE IS REQUIRED PRIOR TO: Approval of Right of Ways Plans Issuance of Fair Market Value Beginning Acquisition/Negotiations or a Relocation
RIGHT OF WAY PLANS RIGHT OF WAY PLANS ROW Plans are a prerequisite to Federal participation in the acquisition of real property. ROW Plans are prepared by both internal CDOT personnel and external consultants. 0 6 12 18 24 30 36 42 48 54 60
RIGHT OF WAY PLANS CONTINUED The purpose of the Right of Way Plans are to: Present Physical Survey Information Illustrate Boundary of Affected Ownerships and property to be acquired Define New Right of Way Line
LOCAL PUBLIC AGENCY (LPA) / RIGHT OF WAY PLANS Right of Way Plan approval must be given by the CDOT Project Development Branch Manager (Federal Funds) Right of Way Plan approval shall be by CDOT Region office (100%) State funding Projects on local roads with 100% local funding do not require CDOT oversight.
TITLE & SURVEY TITLE Property purchased by CDOT or Local Public Agencies must be free and clear of all encumbrances. Title Commitments or Memorandum of Ownership are used to identify ownership and encumbrances. 0 6 12 18 24 30 36 42 48 54 60
SURVEY Surveyors are usually the first representatives to have contact with affected property owners. The impressions they leave reflect on the right of way activities that follow. Surveys shall be prepared in accordance with the survey procedures outlined in CDOT s Survey Manual and in accordance with the laws of the State of Colorado Surveys are prepared before design
SURVEY CONTINUED The Survey must: Defined Existing Condition Determine Boundary of Affected Ownerships Establish Monumentation to Assist Construction Survey 0 6 12 18 24 30 36 42 48 54 60
SURVEY CONTINUED Two surveys are required on properties being impacted by a project: 1. Preliminary Survey to identify all properties within the project alignment 2. Construction Survey to identify and define the actual impact to each property.
RIGHT OF WAY TEAM APPRAISAL Appraisers, review appraisers, negotiators and relocation agents all form a team with which the property owner will interact. Appraisers and review appraisers are an integral part of the land acquisition team. 0 6 12 18 24 30 36 42 48 54 60
APPRAISAL REQUIREMENTS The Uniform Act requires the following: Before an offer can be made to purchase a property, the Agency must determine fair market value and establish just compensation. Appraisals are required for acquisitions with estimated value of $25,000 or more. Waiver valuations/value findings can be prepared for acquisitions up to $25,000 with the approval of the CDOT Region Right of Way Manager.
APPRAISAL REQUIREMENTS CONTINUED All appraisals must be reviewed and approved by a second qualified, review appraiser Review appraiser recommends fair market value compensation based on appraisal of the subjects property and part being acquired The Region Right of Way Manager approves just compensation Note: CDOT review appraiser must be CDOT staff or on the CDOT pre-qualified list
LOCAL PUBLIC AGENCY (LPA) / APPRAISER REQUIREMENTS Appraiser must be licensed by the State Board of Real Estate as a general appraiser and on CDOT s pre-qualified list LPA s may recommend an appraiser to be on the CDOT pre-qualified list Appraisers can apply to get on the CDOT prequalified list individually
NEGOTIATIONS ACQUISITION / NEGOTIATIONS The agent negotiators are key to the agency s reputation with the property owners. They represent the face and image of CDOT.
ACQUISITION / NEGOTIATIONS REQUIREMENTS Personal contact with property owners Offer presented in person when possible Offer must be in writing Provide opportunity to consider offer (min 30 days) No coercion 90 day written notice to vacate Payment before possession 0 6 12 18 24 30 36 42 48 54 60
NEGOTIATION OPTIONS Includes: Agreement at approved fair market value Administrative Settlements Condemnation Legal Settlement
LOCAL PUBLIC AGENCY (LPA) CONDEMNATION LPA s must be willing to condemn Obtain authority to condemn as early in the process as possible Condemnation is used as a last resort to acquire the needed right of way
ALTERNATIVE MEANS OF PROPERTY ACQUISITION Donation Donation in Exchange for Construction Features Dedication Functional Replacement
LOCAL PUBLIC AGENCY (LPA) ACQUISITION / NEGOTIATOR Must use real estate specialists on CDOT s prequalified agent list LPA s can apply for consultant or staff real estate specialists to be on the pre-qualified agent list Experience necessary include: Work on eminent domain projects Acquisition of real property on Eminent domain projects Relocation of individuals, families, businesses, farms and non-profit organizations on eminent projects.
NEGOTIATION AND RELOCATION CONTACT RECORDS One of the most important functions of negotiators and relocations agents is to keep an accurate and up to date account of contacts with the owner and/or displacees Each contact should be typed or written in a permanent form such as ink
NEGOTIATION AND RELOCATION CONTACT RECORDS CONTINUED Each entry should include: Date of contact Time of contact Type of contact Persons participating Issues discussed Any resolutions made
RELOCATION RELOCATION 49 CFR Part 24.2(9) Displaced person. (i) General. Any person who moves from real property or moves his or her personal property from the real property. 0 6 12 18 24 30 36 42 48 54 60
DISPLACED PERSONS INCLUDE:
RELOCATION CONTINUED Relocation activities can be a lengthy process. Each relocation is different and some may be complicated. Relocation agents have a difficult job working with displacees who wish to remain where they are. It takes special skills to be successful as a relocation agent.
RELOCATION ASSISTANCE Relocation Planning Notices 90 Day Advisory Services Relocation Assistance Payments Residential Displacements Replacement Housing Standards Mobile Homes Business Displacements
TYPICAL RELOCATION PROCESS UNDER THE UNIFORM ACT * 1 Plan Project 2 Project Approved 3 Inform Persons To Be Displaced 4 Interview Person to be Displaced 5 Work with Person to be Displaced 6 Person chooses Replacement property And moves 7 Process Claims And Make Payment 8 Follow up * URA Rules 4/2/89
RESIDENTIAL RELOCATION PAYMENT COMPUTATION Replacement Housing Payments (owners 180 days or more) Price Differential Payment Mortgage Interest Differential Payment Incidental expenses Total not to exceed: $22,500
RENTAL SUPPLEMENT - TENANT Tenants 90 days or more Rental supplement or, Down payment and Incidental expenses Total not to exceed: $5,250 for 42 or down payment up to the rental amount or $5,250
REQUIREMENTS FOR PAYMENTS 1. Must have owned/rented acquired unit 180 days (owner) or 90 days (tenant) prior to the initiation of negotiations 2. Must purchase/rent a Decent Safe and Sanitary replacement within 12 3. Must complete forms and file claims within 18
HOUSING OF LAST RESORT When a program or project cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary limits for owners or tenants, on a case by case basis housing of last resort can be used as specified in 49 CFR 24.401 or 24.402.
RESIDENTIAL MOVING PAYMENTS Expenses must be Reasonable and Necessary. Residential move options include: Actual Cost (based on the lower of two estimates) or Fixed Move (based on the Uniform Relocation Act Residential Moving Cost Schedule)
NON-RESIDENTIAL MOVING PAYMENTS Actual Cost Site search Reestablishment (when applicable) or In Lieu-of Payment
APPEAL Any affected person may file a written appeal with the acquiring agency in any case in which he/she believes the agency has failed to properly determine eligibility for or the amount of a relocation payment.
EVERY DAY COUNTS Every Day Counts (EDC) is a 2010 Federal Highway Administration (FHWA) effort designed to identify and deploy innovation aimed at shortening project delivery.
THE 2010 EDC PROGRAM INCLUDES SIX RIGHT OF WAY FLEXIBILITIES: 1. Functional Replacement 2. Incentive Payments 3. Appraiser-Negotiator/Conflict of Interest 4. Waiver Valuations 5. Conditional Clearances 6. Right of Entry onto Federal Lands
LOCAL PUBLIC AGENCIES QUALIFYING LOCAL PUBLIC AGENCY STAFF LPA staff can perform appraisal/waiver valuations, acquisition/negotiations and relocation if they satisfy the criteria for CDOT s pre-qualified list for the discipline Contact the Region ROW Manager to start the qualification process Appropriate application must be complete for the staff seeking qualification
QUALIFYING LOCAL PUBLIC AGENCY STAFF CONTINUED CDOT will evaluate all applications for qualification At least one permanent, fulltime LPA staff member must be deemed qualified to perform acquisition agent tasks for an LPA to become qualified to perform its own ROW acquisition work. An additional LPA staff member must be qualified to perform relocation agent work if the LPA project requires relocation. An LPA may have their own qualified staff member perform the acquisition tasks, and hire a fee agent or coordinate with CDOT ROW staff (if available) to perform relocation work
BRINGING IT ALL TOGETHER PURPOSE OF URA FEDERAL & STATE LAWS NEPA REQUIREMENTS RIGHT OF WAY PLANS TITLE & SURVEY APPRAISAL NEGOTIATIONS RELOCATION LOCAL PUBLIC AGENCIES
THE CDOT RIGHT OF WAY PROCESS PURPOSE OF URA FEDERAL & STATE LAWS NEPA REQUIREMENTS RIGHT OF WAY PLANS TITLE & SURVEY APPRAISAL NEGOTIATIONS RELOCATION LOCAL PUBLIC AGENCIES